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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Taylor is not only completely harmonious with those cases, it also builds on principles this Court first explored in Lucas (101 AD3d 401), an even earlier case. Lucas was a Roberts overcharge case that involved an apartment's ongoing status as rent-regulated. The landlord in Lucas claimed that the IAIs were the reason for the rent's precipitous jump to more than $2,000 and its luxury deregulation. This Court rejected the application of CPLR 213-a's four-year look back period "in light of the improper deregulations of the apartment and given that the record does not clearly establish the validity of the rent increase that brought the rent-stabilized amount over $2,000" (Lucas, 101 AD3d at 402). Lucas remains viable and, contrary to the majority's analysis, neither Grimm nor Boyd affect its authority. Lucas is a Roberts overcharge case, not a fraud/fraudulent scheme case, so the Grimm analysis was not implicated, and Boyd involved an overcharge case not premised on Roberts luxury deregulation.

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