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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A significant difference between Boyd, which was a fairly straightforward overcharge case, and the case before us is that the landlord in Boyd continued to file rent registrations with DHCR throughout, allowing the tenant to avail herself of such public information so she could have filed a timely complaint. Contrast that with the situation here, where the landlord stopped filing rent registrations with the DHCR in 2003, so there was no public record of the apartment's rental history available for the tenants to inspect before they filed a complaint (see Matter of Sun v Lawlor, 96 AD3d 685, 687 [1st Dept 2012] [tenant could have timely proceeded on his claim [*12]because DHCR's order was part of its public record]).

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