SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2024 NY Slip Op 50052(U)
West Pierre Associates LLC
Hagler, P.J., Brigantti, Tisch, JJ.
Post-answer Motion by Tenant
Judgment for Landlord
Landlord Substantially Won
Landlord appealed from an order of the Civil Court dismissing tenant's rent overcharge defense and counterclaim in a nonpayment summary proceeding. The Appellate Term affirmed, holding that the HSTPA does not apply retroactively to overcharges alleged to have occurred before its enactment in 2019, and that the pre-HSTPA law's four-year statute of limitations and four-year lookback rule precluded the tenant's claim. Key Legal Points: (1) The HSTPA cannot be applied retroactively to rent overcharges that occurred before its enactment in 2019; (2) The pre-HSTPA law's four-year statute of limitations and four-year lookback rule preclude examination of an apartment's rental history more than four years before the interposition of an overcharge claim, unless the tenant makes a colorable claim of fraud; (3) Landlords can rely on the four-year statute of limitations and four-year lookback rule to defend against rent overcharge claims that are based on events that occurred more than four years before the claim was interposed.
"West Pierre Assoc. LLC v. Harvey" (2024). All Decisions. 1318.