Apartment Rent Registered Retroactively

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Tenant had moved into the apartment in May 1992 at a monthly rent of $550. In January 1996 tenant discovered that the apartment was rent-stabilized and that the last rent registered with the DHCR was $310 in 1987. Tenant then started paying $345, representing a guidelines increase over $310, based on the registered rent. Landlord registered the apartment rent retroactively and up through 1996 before bringing the nonpayment case. So tenant's rent overcharge claim was subject to the four-year time limit. Since the registered rent in 1992 was $400, any calculation of a rent overcharge must be based on that amount.

Jarzabek v. Kaluza: Index No. L&T 73237/97 (12/10/97) (Civ. Ct. Kings; Birnbaum, J) [5-page document]