In one of the most recent ground breaking pieces of legislation that has impacted the real estate community, on June 14, 2019, the Housing Stability and Tenant Protection Act (HSTPA) was passed into law which significantly altered, to tenants’ benefit, many aspects of long standing decisional and statutory law.

Prior to the HSTPA, rental overcharge claims were generally limited to a 4-year look back period for purposes of determining the existence of an overcharge claim. In the event a landlord overcharged a tenant, the burden was on the landlord to provide that said overcharges were not willful and in the event the landlord failed to meet this burden, treble damages were imposed for a 2-year period before the filing of the overcharge claim.

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