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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Once the late registration is filed this "shall result in the elimination, prospectively, of such penalty" (id.). Where the increases in rent were lawful but for the failure to timely register, the rent collected in excess of the LRR at any time prior to the filing of the late registration is not an overcharge (id.). RSL § 26-517(e) specifies the remedy. It provides that "[t]he failure to file a proper and timely . . . rent registration statement" precludes an owner from collecting rent increases until a registration is filed" (see Regina at 358, n9). Defendant's failure to register in itself does not permit the court's review of the rent history of this apartment prior to November 29, 2013, which is essentially what the "reconstruction method" allowed (id. at 358). Since there is already a statutory remedy for nonregistration, there is no reason to devise an alternative method of relief.

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