Judge rules tenant can look back further than 4 years to determine rent overcharge!

Posted by Jennifer Rozen | Jun 06, 2019 | 0 Comments

After motions were submitted and intense oral argument, on May 10, 2019, Rozen Law Group received a terrific and noteworthy decision from Judge Clifton A. Nembhard in East Side Realty, LLC v. Diane Weisman and John/Jane Doe, Index No. L&T 68829/18 (New York Co.). The decision was published in the New York Law Journal (see link below).

Judge Clifton A. Nembhard, granted the tenant's motion for discovery, ordering the landlord to submit documents from 1999 through the present. Importantly, the court found that the 4 year statute of limitations did not apply and instead, that "the entire registration history may be searched to establish the regulatory status of an apartment."  The judge also denied the landlord's cross-motion requesting an order that the tenant pay use and occupancy (rent) while the case is pending. Given the tenant's overcharge claim, the Court held that "to award petitioner use and occupancy or direct that respondent deposit it with the court would be to predetermine this case." 

This decision was a great outcome for our client and an important precedent for tenants litigating unlawful deregulation and overcharge claims under rent regulation statutes. It also sends a message to unscrupulous landlords that they must be prepared to demonstrate entitlement to rent increases and the validity of any alleged improvements if they plan to deregulate  apartments.

About the Author

Jennifer Rozen

Managing Attorney - The President and Owner of Rozen Law Group. She was a named partner at Fishman Rozen prior to launching the firm. Jennifer Rozen became a partner of Fishman & Mallon, LLP in May 2013. Her involvement in tenant and consumer law begin in October of 2005 when she landed a job as a summer intern at Fishman & Neil. She has been advocating on behalf of New York City tenants and consumers ever since.


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