• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Departments
  • eAlerts
  • Blogs
  • Building Management Calendar
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Management Basics
  • New Laws & Regs
  • Rent Increases
  • Court Watch
  • Violations
  • Departments
  • Dos & Dont's
  • Q&A
  • In the News
  • Landlord v. Tenant
  • Ask the Insider
May 18, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 18, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 18, 2025
ALI Logo.webp
  • Archives
  • Main Articles
    • Features
    • Management Basics
    • New Laws & Regs
    • Rent Increases
    • Court Watch
    • Violations
  • Departments
    • Dos & Dont's
    • Q&A
    • In the News
    • Landlord v. Tenant
    • Ask the Insider
  • eAlerts
  • Blogs
  • Building Management Calendar
Free Issue
The Habitat Group Logo
May 18, 2025
  • Log In
  • Log Out
  • My Account
Home » Tenants Sue Owner for Allegedly Illegally Deregulating Apartments

Tenants Sue Owner for Allegedly Illegally Deregulating Apartments

Aug 22, 2019

A group of tenants on the Upper West Side filed a lawsuit recently claiming that the owner failed to provide documentation to justify rent increases that ultimately deregulated their apartments. According to the lawsuit, based on the recent rent registrations filed for these apartments, the owner would’ve needed to pay $46,852 to $84,909 on each apartment to justify deregulating the units.

The new law, the Housing Stability and Tenant Protection Act of 2019, enacted June 14, may help the plaintiffs. The act specifies that the amended rent overcharge provisions apply to any claims pending or filed with the DHCR or a court on and after June 14, 2019. The act also extends the statute of limitations for overcharge from four to six years before an overcharge claim is made, effectively requiring owners to maintain records on improvements to rent-stabilized apartments for at least six years prior to the most recent rent registration filed with the state. The act also significantly increases owners’ exposure to hefty legal damages, stipulating that tenants could collect three times the amount of rent overcharged for six years prior to filing a complaint.

Additionally, the law lowers the threshold for bringing rent overcharge claims against landlords by specifically allowing tenants to question “unexplained” rent increases. Under prior law, the courts carved out several exceptions to the look-back rule, including instances when a tenant alleged fraud, but the four-year cut off for review of rent history to determine rent overcharge was the general rule. The new law states that the DHCR or the court shall consider all available rent history reasonably necessary to make a decision as to whether an apartment was illegally deregulated.

In the News
    • Related Articles

      Tenants Sue Owner for Smelly Aftermath

      Investigation: Too Many Illegally Converted Apartments

      Judge Allows East Harlem Tenants to Sue City’s ‘Worst’ Landlord

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
    The Habitat Group Logo
    • NY Apartment Law
      • New York Apartment Law Insider
      • New York Landlord V. Tenant
      • Co-Op & Condo Case Law Digest
      • New York Rent Regulation Checklist, Fourth Edition
      • 2025 New York City Apartment Management Checklist
    • Fair & Affordable Housing
      • Fair Housing Coach
      • Assisted Housing Management Insider
      • Tax Credit Housing Management Insider
      • Fair Housing Boot Camp. Basic Training For New Hires
    • Commercial Lease Law
      • Commercial Lease Law Insider
      • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses: Tenant's Edition
    • Guidebooks
    • May 18, 2025
    • Log In
    • Log Out
    • My Account
    • Subscribe
    • May 18, 2025
    ALI Logo.webp
    • Archives
    • Main Articles
      • Features
      • Management Basics
      • New Laws & Regs
      • Rent Increases
      • Court Watch
      • Violations
    • Departments
      • Dos & Dont's
      • Q&A
      • In the News
      • Landlord v. Tenant
      • Ask the Insider
    • eAlerts
    • Blogs
    • Building Management Calendar
    Free Issue
    The Habitat Group Logo
    May 18, 2025
    • Log In
    • Log Out
    • My Account