In our August 2023 article, we discussed how the New York State Legislature had just passed a controversial bill, Assembly Bill A-6216-B and Senate Bill S-2980-C (the “bill”), on the last day of the legislative session in June 2023. Part B of the bill was particularly problematic on its face because, in 2023, it purported to retroactively redefine the standard for establishing the “fraud exception” to the four-year statute of limitations and four-year “lookback rule” for rent overcharge claims under the “pre-HSTPA” law.
This law is only applicable to conduct occurring prior to June 14, 2019. The “fraud exception” effectively provides an exception to the entire “pre-HSTPA” statutory scheme for determining rent overcharge claims.
