More than a year has passed since the Court of Appeals’ landmark ruling in Matter of Regina Metro. Co., LLC v. New York State Div. of Housing & Community Renewal, 35 NY3d 332 (2020). In Regina, the court held that Part F of the HSTPA, relating to rent overcharge claims, could not be applied retroactively to pre-HSTPA overcharges.
The First Department has since issued various decisions interpreting the scope of Regina. Although the Court of Appeals will have the final say as to what Regina means, the First Department’s interpretations thereof constitute controlling authority in Manhattan and the Bronx. This article will discuss two lines of cases, both relating to the issue of fraud as it impacts the four-year look-back rule.