Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)

Citation
Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)
Parent Document
Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)
Jurisdiction
New York (state)
Effective Date
2024-06-20

Full Text

936 chars
In sum, despite concerns about the substantial delay between the stipulation's execution and this litigation's commencement, no statute of limitations bars plaintiff's claim that the apartment is subject to rent stabilization. We hold that the Appellate Division erred in concluding otherwise and in deeming Liggett's complaint untimely. On remand, Lew Realty may rely on other reasons, apart from the stipulation, to establish that the apartment was not rent-stabilized when Liggett took tenancy, such as by establishing the fair rent of the apartment when it first entered rent stabilization in 2000 and applying subsequent allowable increases pursuant to the rent history (see e.g. 9 NYCRR 2522.4, 2522.8). We do not address any issue related to Liggett's rent overcharge claims, as those issues are not before us (see Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal, 35 NY3d 332, 351 n 4 [2020]).