On April 2, 2020, the New York State Court of Appeals issued its landmark ruling in Regina Metropolitan Co., LLC v. New York State Div. of Hous. & Community Renewal (___NY3d ___, 2020 NY Slip Op 02127 [April 2, 2020] 2020 WL 1557900), ending years of confusion about how overcharge cases under the Rent Stabilization Law should be determined. Regina's holding that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) cannot be applied retroactively to pre-HSTPA overcharges is well known.

Less well known is an aspect of Regina that has been highlighted by the decision of the Appellate Division, First Department in 435 Cent. Park W. Tenant Assn. v. Park Front Apts., LLC, 183 AD3d 509 (May 28, 2020). That decision has significant implications for rent overcharge cases and merits wider discussion.