DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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... ↗

Other Sections in This Document (82)

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In order to establish a base rent in this Roberts overcharge case, the DHCR looked at the last rent-stabilized rent publicly registered with the DHCR, which was in 2003, and then applied all of the rent-stabilized increases that otherwise would have been allowed during the relevant time. The DHCR methodology effectively establishes a base rent as if the landlord had adhered to Roberts and not improperly removed the apartment from rent stabilization. The overcharge award was then calculated using only the four-year period immediately preceding the date on which the overcharge complaint was filed. The gravamen of my disagreement with the majority's view is that in Roberts overcharge cases, determination of the base rent strictly prohibits any consideration of the last legally registered regulated rent where the rent was set more than four years before the filing of an overcharge complaint. As more fully explained herein, this limitation on the look back period for Roberts overcharge cases, which do not implicate fraud-based claims, was already rejected by a unanimous bench of this Court in Taylor (151 AD3d at 105). More importantly, the result in Taylor was warranted, if not mandated, by this Court's earlier, unanimous decision in Gersten v 56th 7th Ave. LLC (88 AD3d 189 [1st Dept 2011], appeal withdrawn 18 NY3d 954 [2012]), giving Roberts retroactive effect. I further disagree with the majority's conclusion that its result is required by CPLR 213-a.