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Landlord Tenant Law Litigation

Regina Metropolitan: What Practitioners Need to Know

The Court’s primary holding in Regina is that retroactive application of the Part F amendments would violate the Due Process clause of the U.S. Constitution.


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On April 2, 2020, the Court of Appeals, by a 4-3 margin, issued a lengthy and groundbreaking decision in Regina Metro Co. v New York State Div. of Hous. & Community Renewal. The decision collectively decided four rent overcharge cases arising from Roberts v Tishman Speyer Props., L.P., 13 NY3d 270 (2009), wherein the Court of Appeals had ruled that luxury deregulation was unavailable in buildings receiving J-51 benefits. The landlords in Regina had deregulated various apartments based on advice from DHCR that luxury deregulation was not prohibited in such buildings. The question in Regina was how to compute base rents and rent overcharges in such cases.

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