In regard to As Rent Reforms Get Courtroom Shakeout, Judge Shuts Door on Overcharge Defense by Jason Grant, the headline creates the mistaken impression that the new rent law does not apply to pending overcharge claims when the law expressly states that it does and both the DHCR and the courts have recognized this fact.

The article quotes only the landlord attorneys who give the decision far more weight than it deserves. Although the pro-se tenant apparently could not be reached, a fuller and more accurate picture could have been provided to your readers if the opinions of a tenant attorney or advocate had been elicited. The issue of what is a "pending proceeding" and whether the new law is applicable even where there had been a motion to dismiss is far from settled.

Given that remedial laws require liberal construction and the overall purpose of the State Legislature in addressing years of displacement, the better view is that the new law should apply to overcharge claims as broadly as possible.

David Hershey-Webb is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph.