453 Cent. Park W. Tenant Assn. v. Park Front Apts., LLC

Abstract

The court denied the landlord\u27s motion for partial summary judgment seeking to dismiss fraud claims in a rent overcharge case. The landlord argued the four-year lookback period could only be pierced for fraudulent schemes to deregulate, not merely overcharge. The court, citing recent Court of Appeals and First Department precedent interpreting a 2024 legislative amendment, held that the fraud exception applies to any fraudulent scheme to evade the protections of the rent stabilization law, irrespective of whether the unit was deregulated