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Landlord & Tenant Law
HSTPA Did Not Apply Retroactively to Personal Use Petition
Matter of Harris v. Israel NYLJ 2/11/21, p. 19, col. 1 AppDiv, First Dept. (memorandum opinion)
In landlord's petition to recover possession for personal use, landlord appealed from Appellate Term's reversal of Civil Court's judgment awarding landlord possession. The Appellate Division reversed, holding that the HSTPA did not apply retroactively to landlord's petition.
Landlord has spent several years recovering possession of apartments in the building for personal use. When landlord sought to recover the instant unit, Civil Court awarded landlord a judgment of possession. After that judgment was rendered, the state legislature enacted the Housing Stability and Tenant Protection Act of 2019, which limits owners to recovery of a single rent-stabilized apartment in any building for personal use. The Appellate Term concluded that the HSTPA applied to landlord's petition, and reversed the judgment of possession. Landlord appealed.
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