Legal Opinion
Rich v. East 10th Street Associates LLC
Appellate Division of the Supreme Court of the State of New York
Decided July 27, 2010PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
*62In these actions for rent overcharges paid under leases subject to the Rent Stabilization Law of 1969, the motion courts held that rent reduction orders issued prior to the four-year statute of limitations of CPLR 213-a, and remaining in effect during the limitations period, should be used to determine the base rent for purposes of calculating the amount of the overcharges. This was error.
The proper legal regulated rent for purposes of determining an overcharge is deemed to be the rent charged on the base date, plus any subsequent lawful increases or…
2Cases cited7 opinions
- Thornton v. BaronNew York Court of Appeals · 2005
- Crimmins v. Handler & Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Condo Units v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004
- Hatanaka v. LynchAppellate Division of the Supreme Court of the State of New York · 2003
- Cintron v. CalogeroAppellate Division of the Supreme Court of the State of New York · 2009
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