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Conason v. Megan Holding, 14

In this case, plaintiffs are rent-stabilized tenants of an apartment in a residential building in Manhattan owned and operated by defendant Megan Holding. Plaintiff Conason asserted an overcharge claim against Megan Holding almost 5.5 years after she occupied the apartment under a vacancy lease. Judgment in favor of plaintiffs is modified without costs by remitting to Supreme Court, where: 1) CPLR section 213-a's four-year statute of limitations does not bar this claim; 2) because of the unrelated proof of fraud in the record, section 213-a merely limits tenants' recovery to those overcharges occurring during the four-year period immediately preceding Conason's rent challenge; and 3) the lawful rent on the base date must be determined by using the default formula devised by the New York State Division of Housing and Community Renewal.

Appellate Information

  • Decided 02/24/2015
  • Published 02/24/2015


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