Four-Year Rule Doesn't Apply to pre-April 1, 1984, Complaint

November 1, 2001

LVT Number: 15392

The state's highest court considered the question of whether the four-year rule for rent overcharge complaints stated in the Rent Regulation Reform Act (RRRA) of 1997 applied to complaints filed before April 1, 1984. In two cases, landlords had claimed that the rule should apply to complaints filed by tenants in March 1984. The Court of Appeals ruled against landlords. The RRRA specifically amended a portion of the Rent Stabilization Law on overcharges, which became effective on April 1, 1984. The law couldn't be interpreted to apply to overcharge complaints filed before that date.

The state's highest court considered the question of whether the four-year rule for rent overcharge complaints stated in the Rent Regulation Reform Act (RRRA) of 1997 applied to complaints filed before April 1, 1984. In two cases, landlords had claimed that the rule should apply to complaints filed by tenants in March 1984. The Court of Appeals ruled against landlords. The RRRA specifically amended a portion of the Rent Stabilization Law on overcharges, which became effective on April 1, 1984. The law couldn't be interpreted to apply to overcharge complaints filed before that date.

Mengoni v. DHCR: NYLJ, 10/24/01, p. 18, col. 5 (Ct. App. NY; Kaye, CJ, Smith, Levine, Ciparick, Wesley, Rosenblatt, Graffeo, JJ)

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