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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The decision that defendant appeals from was rendered by Supreme Court on June 14, 2019, before Regina was decided on April 2, 2020. Both parties agree that this case is governed by pre-HSTPA law because it was commenced and pending prior to the HSTPA's effective date [FN5]. Both sides also agree that Regina represents a sea-change in the law, but each side construes Regina differently. Plaintiff claims Regina left open the issue of [*7]whether an owner's failure to re-register a rent stabilized apartment removed from rent regulation constitutes a fraud that allows for a lookback beyond four years. Defendant argues that overcharge claims are only subject to a four-year lookback, and the rent history for an apartment before that time cannot be considered. It claims that failure to register an apartment, without more, does not constitute fraud.

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