New York Court of Appeals
David L. Thornton, Respondents-Appellants v. Shlomo Baron, Defendants, and 390 West End Associates…
June 30, 20055 N.Y.3d 175
Summary
The Court of Appeals affirmed the Appellate Division's order that the legal regulated rent for an apartment illegally removed from rent stabilization must be determined using the DHCR default formula for base‑date rent. The Court held that the four‑year statutory limitation bars consideration of rental history before the filing of the overcharge complaint and that the fraudulent lease and registration statements are void.