New York City Tenants Can Still Uncover Landlord Fraud in Residential Landlord-Tenant Litigation

Summary

Historically, few topics in residential real estate litigation have caused more excitement or confusion than rent overcharges. For tenants litigating overcharge claims in New York City, discovery is one of the most important tools in their arsenal. The Housing Stability and Tenant Protection Act of 2019 (2019 N.Y. SB 6458) (HSTPA) dramatically expanded the scope of overcharge claims and the attendant discovery available to tenants. Then, less than one year later, the Court of Appeals limited that scope in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2020 NY Slip Op. 02127 (2020) (Regina Metro). Though Regina Metro undeniably curtails some of the rights established in the HSTPA, every Civil Court order dealing with discovery since the case came down suggests that discovery in overcharge cases remains robust and broad. This article explains how Regina Metro impacts discovery and highlights key cases that have been decided in its wake.