No Rent Overcharge Found Using Four-Year Base Date

LVT Number: #30267

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, found that he was rent stabilized, and referred the matter to a referee to determine the amount of rent overcharge. Landlord appealed and won, in part. The lower court properly ruled that tenant was entitled to a rent-stabilized lease. But the lower court improperly found landlord liable for rent overcharge. Tenant failed to present proof of a rent overcharge four years prior to commencement of the lawsuit in January 2014.

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Fuentes v. Kwik Realty LLC: Index No. 9163 (450153/14), 2019 NY Slip Op 05840 (App. Div. 1 Dept.; 7/30/19; Sweeny, JP, Gische, Webber, Kahn, Moulton, JJ)