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

November 1, 1999

LVT Number: 13659

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed, claiming that DHCR's decision was unreasonable because it didn't apply the four-year time limit to tenant's rent overcharge claim. The court and appeals court ruled against landlord. The portion of the rent stabilization law that limits overcharge claims to the four-year period before a tenant files a complaint doesn't apply to complaints filed before April 1, 1984. The DHCR properly applied the law to this case.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed, claiming that DHCR's decision was unreasonable because it didn't apply the four-year time limit to tenant's rent overcharge claim. The court and appeals court ruled against landlord. The portion of the rent stabilization law that limits overcharge claims to the four-year period before a tenant files a complaint doesn't apply to complaints filed before April 1, 1984. The DHCR properly applied the law to this case.

Joseph Peppie Realty Corp. v. DHCR: NYLJ, p. 22, col. 5 (10/12/99) (App. Div.1 Dept.; Sullivan, JP, Nardelli, Wallach, Andrias, Buckley, JJ)

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