Case Type
Overcharge
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
Slip Opinion Number
2023 NY Slip Op 23355 [81 Misc 3d 1]
Petitioner
Crest I LP
Respondent
Rosa Ventura
Judge
Per Curiam
Decision/Order Date
2023-11-17
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
In Crest I LP v Ventura, the court upheld the dismissal of the tenant's rent overcharge defense and counterclaim, ruling that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) cannot be retroactively applied to overcharges alleged before its enactment. As the tenant's claim was based on a rent increase predating the HSTPA, the pre-HSTPA law governed the dispute, barring examination of rental history beyond four years prior to the overcharge action unless fraud was claimed. Since no fraud was alleged, the court found the tenant's claim and defense were properly dismissed, emphasizing that rent increases before the HSTPA's base date could not be considered.
Recommended Citation
"Crest I LP v. Ventura" (2023). All Decisions. 1387.
https://ir.lawnet.fordham.edu/housing_court_all/1387
