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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In construing CPLR 213-a's look back period, the courts have been flexible when the overcharge does not fit the typical case. For instance, where there is a rent reduction order in effect and it was imposed before the four-year limitations period  even if many years earlier  the order must be considered in calculating the rent overcharge the landlord owes (Matter of Cintron, 15 NY3d at 356). Other instances where a look-back of more than four years is warranted include the calculation of a longevity rent increase (see Matter of H.O. Realty Corp. v N.Y. Div. of Hous. & Community Renewal, 46 AD3d 103,109 [1st Dept 2007], citing Matter of Ador Realty, LLC v Div. of Hous. & Community Renewal, 26 AD3d 128 [2d Dept 2005]), and to determine whether an apartment is subject to rent stabilization at all (see East W. Renovating Co. [*11]v New York State Div. of Hous. & Community Renewal, 16 AD3d 166, 167 [1st Dept 2005]). This is because the issue of an apartment's regulated status is inseparable from the issue of whether there is an overcharge.

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