Warren A. Estis and Jeffrey Turkel
The base date rent for purposes of determining a rent overcharge complaint under the pre-HSTPA version of the RSL is generally the rent charged to and paid by the tenant on the date four years prior to the tenant’s overcharge claim. But what happens if the apartment was temporarily exempt or vacant on the base date?
The answer to this question has taken various twists and turns over the years, including a new twist introduced in Connors v. Kushner Companies, LLC, 2021 WL 3468142 (Sup Ct, Kings County, August 6, 2021), which is discussed below.
