Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Supreme Court, Appellate Term, Second Department

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-319412-22/KI

Petitioner

2904 Atlantic Avenue, LLC

Respondent

Pauline Hoyte

Judge

Toussaint, Wavny; Buggs, Cheree A.; Ottley, Lisa S.

Decision/Order Date

2026-01-23

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The Appellate Term affirmed the Civil Court's denial of the tenant's motion for summary judgment on an overcharge counterclaim for the period March 2017 to March 2019. The court held that Part F of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which extended the statute of limitations for overcharge claims to six years, does not apply retroactively to claims that accrued before the HSTPA's effective date in June 2019, even if not yet pending. The court, bound by First Department precedent, found a DHCR regulation inconsistent with this interpretation and limited overcharge damages to four years under pre-HSTPA law.

Keywords

HSTPA; Pre-HSTPA Law Applied to Overcharge Claims Accrued before HSTPA Became Law in June 2019; Overcharge Damages Limited to 4 Years Going Back From Date Claim Interposed

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