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Landlord Tenant Law Litigation

Damage Mitigation Under the HSTPA

When the NY state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute’s focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants.

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When the state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute’s focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants. Among those are obligations imposed on landlords with respect to security deposits and a requirement that residential landlords mitigate damages, contrary to the longstanding New York rule. In 14 East 4th Street Unit 509 LLC v. Toporek (NYLJ 1/6/22, p. 18, col. 1), the First Department became the first appellate court to construe these provisions.

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