Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 5797 (2018)

Citation: Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 5797 (2018)
Parent Document: Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 5797 (2018)
Jurisdiction: New York (state)
Effective Date: 2018-08-16
Original Source: https://www.courtlistener.com/opinion/4527194/matter-of-regina-metro-co-llc-v... ↗

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After Supreme Court issued its decision affirming DHCR, this Court issued Taylor v 72A Realty Assoc., L.P. (151 AD3d 95 [1st Dept 2017], supra), another J-51 case, upon which the dissent relies. In Taylor, this Court allowed a look back of more than four years in the absence of fraud. The Taylor Court asserted correctly that the literal application of CPLR 213-a could "allow the owner to collect rent that might be in excess of what it could have otherwise charged plaintiffs" if the landlord had properly understood the import of J-51 benefits (151 AD3d at 106). The Court in Taylor, and the dissent in this case, cite cogent policy reasons for calculating the rent using the method DHCR used here.

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