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/ ↗

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We disagree with the dissent that the Kreisler and Nolte line of cases is no longer good law in light of Regina. This reading [*3]of Regina is overly broad and does not comport with this State's public policy recognizing the serious emergency in the residential housing market exacerbated by the deregulation of housing stock (see Emergency Tenant Protection Act (ETPA) § 2 [1974]) and the HSTPA).[FN3] Moreover, unlike Kreisler and Nolte, the four cases decided in Regina are model pre-Roberts cases. In fact, the issue framed by the Regina majority was "what is the proper method for calculating the recoverable rent overcharge for New York City apartments that were improperly removed from rent stabilization during receipt of J-51 benefits prior to our 2009 decision in [Roberts]" (Regina, 35 NY3d at 350 [emphasis added]).

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