Overcharge Refunds to Be Recalculated Based on Enactment of HSTPA

Tenants sued landlord, seeking a declaration that their apartments were rent stabilized. The court previously ruled for tenants on the question of liability for rent overcharges but found that document production was needed to determine the legal regulated rents. The court also ruled that the default formula found in Rent Stabilization Code Section 2526.1(g)(1) should be applied to calculate the rent overcharges. The court now ruled that the amounts due to tenants must be amended to cover overcharge periods of six years instead of four years due to the recently enacted Housing Stability and Tenant Protection Act.

Arnold v. 406 Bleecker St. LLC: 2019 NY Slip Op 32683, NYLJ No. 1566799110 (Sup. Ct. NY; 8/19/19; Chan, J)