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NEW YORK CITY- The State of New York Court of Appeals has ruled that the Housing Stability Tenant Protection Act of 2019 cannot be applied retroactively to revive, or expand recovery on, a previously asserted rent overcharge claim. Now rent charges must be resolved under the law when they go into effect at the time the overcharge occurred.
Part F of HSTPA, which the court has ruled unconstitutional to apply to retroactive charges, holds landlords responsible for rent charges above a certain threshold. The Court of Appeals definitively held that, under the prior law, an overcharge is calculated using the rent charged four years prior to the filing of a complaint, plus any legal increases applicable during the four-year look-back period, except in the case of fraud.
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Mariah Brown
Mariah Brown is the New York Bureau Chief and Real Estate Reporter for GlobeSt.com, covering the New York Metro area, Northeast region and national real estate trends. She is responsible for producing multi-media content, including articles, podcasts and video. Before joining the GlobeSt team, she served as a New York Times fellow, reported for the Associated Press in New York and Philadelphia and several other New York City-based outlets.
