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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The underpinnings of a Roberts overcharge complaint, unlike the complaints of other types of overcharges, is not based on claims of fraud or willfulness (see Borden v. 400 E. 55th St. Assoc., L.P., 24 NY3d 382, 398 [2014] [allegedly illegally deregulated apartments]). A finding of willfulness is generally not applicable to Roberts overcharge cases (see Todres v W7879, LLC, 137 AD3d 597 [1st Dept 2016], lv denied 28 NY3d 910 [2016]). I am not suggesting that the DHCR methodology use in this case applies in any overcharge case other than a Roberts overcharge. Given the unique circumstances of Roberts overcharges and their complicating factors, this methodology rectifies the erroneously deregulated rent and ensures that subsequent [*10]legal regulated rents are based upon a reliable rent. It restores the parties to the lawful position they would have been in had the Roberts interpretation of the applicable rent stabilization laws been followed at the relevant time.

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