Tenant Can Amend Complaint a Second Time Based on Regina
LVT Number: #20859
Rent-stabilized tenant sued landlord for rent overcharge based on improper deregulation of his apartment while the building was receiving J-51 tax benefits. While tenant's complaint was pending, the rent stabilization law was amended by the Housing Stability and Tenant Protection Act of 2019 (HSTPA) to increase the overcharge lookback period from four years to at least six years. Tenant asked the court for permission to amend its complaint against landlord so that the overcharge claim was based on the amended law. The court ruled for tenant.
Hess v. EDR Assets LLC: Index No. 160494/2017, 2020 NY Slip Op 32079(U)(Sup. Ct. NY; 6/26/20; Nervo, J)