4-Year Review Not Enough To Set All Rents, NY Court Finds

Law360, New York (December 5, 2012, 6:32 PM EST) -- A New York state appeals court ruled Tuesday that when determining the correct rent for a dwelling that was wrongfully destabilized, landlords must review the unit's entire rental history and not simply use the four-year look-back period that's applicable in other rent deregulation situations.

A five-judge panel of the New York Appellate Division, First Department, found that two lower courts erred when they set the base rent of a Manhattan apartment at $2,250 — the going market rate for the unit in 2004, or four years prior to the start of a rent overcharge dispute between landlord 72A Realty Associates and...

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