Four-Year Limit Inapplicable Under Rent Control

Rent-controlled tenant complained of a rent overcharge. She paid $739 per month. The DHCR examined tenant’s rent history back to 1972 and found that tenant was undercharged. Her legal rent actually was $853 per month. Tenant appealed. She claimed that 1997 amendments to Civil Practice Law Rules (CPLR) Section 213-a barred review of her apartment’s rent history beyond four years before complaint was filed. The court ruled for tenant. The DHCR appealed and won. The four-year limit on overcharge claims found in CPLR 213-a doesn’t cover rent-controlled apartments. The legislative history behind the law makes clear that it applies only to rent-stabilized units, and didn’t amend any existing rules under rent control. Section 26-413(d)(2)(a) of the rent-control law sets two years as the deadline for bringing rent-control complaints. The rent-control law doesn’t mention the four-year limit found in the rent-stabilization law. CPLR 213-a also applied only in court actions, not in DHCR proceedings. So the DHCR’s review of tenant’s entire rent history was reasonable.

Hicks v. DHCR: NYLJ, 5/12/10, p. 53, col. 5 (App. Div. 1 Dept.; Tom, JP, Andrias, Nardelli, DeGrasse, Freedman, JJ)