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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (57)

Full Text

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Footnote 1: Rent Stabilization Law of 1969 (Administrative Code of NY) former § 26-517(a)(2) and former CPLR 213—a set a four-year limitations period for actions alleging rent overcharge. Under those provisions, a tenant who prevailed on a Roberts claim was entitled to recoup only rent overcharges that accrued in the four years before the filing of the complaint (see e.g. Matter of Gilman v New York State Div. of Hous. & Community Renewal, 99 NY2d 144, 149 [2002]). The beginning date for the calculation of recoupment is known as the "base date."