Application of Regina Decision Reduces Overcharge Finding by Over $30,000

LVT Number: #30955

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant in August 2019 and ordered landlord to refund $90,673, including triple damages.

After New York's highest court issued the Regina ruling in April 2020, landlord renewed a request for recalculation of the overcharge based on amended application of HSTPA provisions governing rent overcharge. The court ruled for landlord, and reduced the overcharge finding to $58,148.

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Gold Rivka 2 LLC v. Rodriguez: Index No. 43271/2016, 2020 NY Misc. LEXIS 4195 (Civ. Ct. Bronx; 8/6/20; Bacdayan, J)