Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Citation: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Parent Document: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-02-09
Original Source: https://www.courtlistener.com/opinion/4855109/montera-v-kmr-amsterdam-llc/ ↗

Full Text

763 chars

Thus, in pre-Roberts cases where landlords relied on DHCR guidance there could be no fraudulent scheme to deregulate. This rule was explained by us in Matter of Park v New York State Div. of Hous. & Community Renewal (150 AD3d 105, 115 [1st Dept 2017], lv dismissed 30 NY3d 96 [2017]), where we found that DHCR rationally concluded that there was no basis to lookback beyond the four-year limitation period, as the owner did not engage in fraud when removing the apartment from rent regulation in 2005. We explained that the owner "was relying on DHCR's own contemporaneous interpretation of the relevant laws and regulations" (id.). In fact, we gave the owner safe harbor, finding that fraud was not committed before 2012, when Roberts was applied retroactively.

Other Sections in This Document (57)

Full Text