NEW YORK CITY- The State of New York Court of Appeals has ruledthat the Housing Stability Tenant Protection Act of 2019 cannot beapplied retroactively to revive, or expand recovery on, apreviously asserted rent overcharge claim. Now rent charges must beresolved under the law when they go into effect at the time theovercharge occurred.
Part F of HSTPA, which the court has ruled unconstitutional toapply to retroactive charges, holds landlords responsible for rentcharges above a certain threshold. The Court of Appealsdefinitively held that, under the prior law, an overcharge iscalculated using the rent charged four years prior to the filing ofa complaint, plus any legal increases applicable during thefour-year look-back period, except in the case of fraud.
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