Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)

Citation: Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)
Parent Document: Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)
Jurisdiction: New York (state)
Effective Date: 2023-05-30
Original Source: https://www.courtlistener.com/opinion/9402711/woodson-v-convent-1-llc/ ↗

Full Text

797 chars

Contrary to the motion court's determination, the proper base date is November 29, 2013 — four years before the filing of the original complaint on November 29, 2017 — under the law as it stood before the enactment of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) (L 2019, ch 36). Under the pre-HSTPA law, CPLR 213-a and Rent Stabilization Code (RSC) (9 NYCRR) § 2626.1 (a)(2) provided for a strict "lookback" period of four years from when the original complaint was filed. That lookback period, however, did not preclude a court from awarding damages for rent overcharges that accrued after the action was commenced. Thus, we modify the order to clarify that plaintiffs' damages are to be calculated from the base date of November 29, 2013 through the conclusion of the action.

Other Sections in This Document (17)

Full Text