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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Corcoran v. Narrows Bayview Co., LLC, 125 N.Y.S.3d 404 (2020)

Citation
Corcoran v. Narrows Bayview Co., LLC, 125 N.Y.S.3d 404 (2020)
Parent Document
Corcoran v. Narrows Bayview Co., LLC, 125 N.Y.S.3d 404 (2020)
Jurisdiction
New York (state)
Effective Date
2020-05-28

Full Text

722 chars
The parties agree that the applicable base date is April 2006, four years prior to the April 2010 date of the complaint, and we reject plaintiffs' suggestion that the lack of DHCR filings contemporaneous with the base date requires one to look beyond the four-year period to an earlier legal regulated rent reported in a DHCR filing. This Court has held that "rental history," as that term is used in CPLR 213-a, is not restrained to DHCR records and may include the records of the landlord and the tenant (Regina Metro. Co., LLC, 164 AD3d 420, 427 [1st Dept 2018], affd ___ NY3d ___, 2020 NY Slip Op 02127). Accordingly, the correct base rent is $2,000, which is the rent actually paid by the prior tenants in April 2006.