A ruling from the Appellate Division, First Department, on the calculation of rent overcharges on rent-stabilized apartments has put the court at odds with the Second Department.
A 4-1 majority in the First Department ruled on Tuesday that the base upon which a refund must be calculated is the rent actually being paid by the tenant on the date four years prior to the filing of an overcharge lawsuit. Such lawsuits are governed by a four-year statute of limitations.
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