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Olsen v. Stellar West 110, LLC – Case Brief Summary (New York)

In Olsen v. Stellar West 110, LLC (96 AD3d 440, 946 N.Y.S.2d 128) the Appellate Division held that where the first rent stabilized tenants first sought to challenge the legal rent over four years after the decontrol of the premises, any adjustment of the legal rent was not governed by the provisions applicable to a fair market rent appeal (FMRA), and tenants would be limited to recovering any overcharges paid during the four years immediately preceding the filing of the complaint and to seeking the setting of a legal rent prospectively.