Application of Time Period for Overcharge Lookback Requires More Factfinding

LVT Number: #30956

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed rent overcharge. Landlord then discontinued the eviction claim, but the court considered tenant's request to consider his overcharge claim without trial.

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ZB Prospect Realty LLC v. Frankel: 68 Misc.3d 1214(A), 2020 NY Slip Op 50956(U)(Civ. Ct. Kings; 8/25/20; Stoller, J)