Court Sets Rent Based on 1985 Registration

February 1, 2001

LVT Number: 14745

Landlord sued to evict tenant for nonpayment of rent in 1999. Tenant claimed a rent overcharge. Landlord claimed that, based on the 1996 annual rent registration, there was no rent overcharge. Tenant claimed that the last rent registration was in 1985 and so this was the rent in effect four years before the complaint was filed. Setting the rent based on the 1985 registration also showed a rent overcharge. The court ruled for tenant. The four-year rule doesn't bar review of a rent registration on file prior to four years before the overcharge claim was raised.

Landlord sued to evict tenant for nonpayment of rent in 1999. Tenant claimed a rent overcharge. Landlord claimed that, based on the 1996 annual rent registration, there was no rent overcharge. Tenant claimed that the last rent registration was in 1985 and so this was the rent in effect four years before the complaint was filed. Setting the rent based on the 1985 registration also showed a rent overcharge. The court ruled for tenant. The four-year rule doesn't bar review of a rent registration on file prior to four years before the overcharge claim was raised. The 1985 registration should be used to determine the legal regulated rent. There was a $5,600 overcharge.

Chelsea Inn v. Worthy: NYLJ, 1/17/01, p. 27, col. 4 (Civ. Ct. NY; Tingling, J)

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