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In August 2018, the Appellate Division for the First Department ruled that, in the absence of fraud, there is a strict four-year lookback limit to calculate damages in rent overcharge cases where an apartment was incorrectly deregulated during the owner’s receipt of J-51 benefits. “This is a major decision for landlords,” says attorney Niles Welikson of Horing Welikson & Rosen, who represented the owner in this case.
