Rosenberg & Estis, P.C. has successfully represented 400 E58 Owner LLC against a tenant who sought to revive dismissed rent overcharge claims in light of the new rent regulation laws. Judge Francis A. Ortiz of the Civil Court of the City of New York ruled in favor of Rosenberg & Estis’ client, delivering an important ruling that affects owners throughout New York.

The case focused on overcharge claims by a tenant in 400 East 58 Street that were dismissed prior to passage of the Housing Stability and Tenant Protection Act of 2019. Following enactment of this law, the statute of limitations was extended from four to six years, and courts are allowed to consider all available rent history that is deemed reasonably necessary.

Judge Ortiz denied the tenant’s motion to revive the dismissed claims, stating that the recently passed law “relate[s] to claims pending or filed after the effective day of the statute.” Ortiz ruled that the four-year rule applied as the previous law was in effect when the court ruled on the claims.

“This is a critical ruling that provides owners and tenants with clarity on how the new rent law will be applied retroactively by the courts to overcharge claims,” said Neil Dwork, member, Rosenberg & Estis. “In cases when a decision has already been rendered on the overcharge claim, the courts are not going to reopen the issue.”

About Rosenberg & Estis, P.C.

Founded in 1975, Rosenberg & Estis, P.C. is widely recognized as one of New York City’s pre-eminent real estate law firms. Rosenberg & Estis, P.C. provides full service representation and advice in every aspect of real estate, from performing due diligence and evaluating financing, to handling joint ventures, acquisitions and leasing, construction and design team agreements, property tax exemptions and abatements, land use and zoning matters, Real Property Income & Expense (RPIE) filings, co-op and condo offering plan filings, as well as the litigations and negotiations which sometimes ensue when deal making. Rosenberg & Estis’ wealth of experience in New York real estate makes it the ideal thought partner for owners, developers, not-for-profit corporations, educational institutions, sponsors, equity investors and lenders in both real estate transactions and in all court venues.