Four-Year Rule Doesn't Apply to Loft Unit

LVT Number: 15110

Loft tenant complained of a rent overcharge. The Loft Board ruled for tenant. Landlord appealed, claiming that the four-year rule barred review of a rent-stabilized unit's rent history more than four years before the filing date of an overcharge claim. The Loft Board ruled against landlord. Landlord appealed to the court. The court and appeals court ruled against landlord. The four-year rule didn't apply to loft units because it wasn't made part of the Loft Law or regulations.

Loft tenant complained of a rent overcharge. The Loft Board ruled for tenant. Landlord appealed, claiming that the four-year rule barred review of a rent-stabilized unit's rent history more than four years before the filing date of an overcharge claim. The Loft Board ruled against landlord. Landlord appealed to the court. The court and appeals court ruled against landlord. The four-year rule didn't apply to loft units because it wasn't made part of the Loft Law or regulations.

Sorigoalya Realty LLC v. NYC Loft Board: NYLJ, 6/11/01, p. 23, col. 1 (App. Div.1 Dept.; Andrias, JP, Lerner, Rubin, Buckley, Marlow, JJ)