Regina Metro One Year On: Residential Tenants in New York City Can Still Conduct Robust Discovery in Rent Overcharge Cases

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 New York State Court of Appeals limited that scope in Matter of Regina Metro. Co., LLC v. N.Y. State Div. of Hous. & Cmty. Renewal, 35 N.Y.3d 332 (2020) (Regina Metro). In this article we bring our prior analysis of Regina Metro up to date, explain how Regina Metro impacts discovery, and highlight key cases that have been decided in its wake.