Four-Year Rule Doesn't Apply to Unregistered Apartment

Tenant sued landlord for a rent overcharge. Landlord claimed that tenant's claim was barred by the four-year time limit. The court ruled against landlord. The four-year rule sets the base legal rent as the rent stated in the annual registration statement filed four years prior to the most recent registration statement. Since landlord didn't register tenant's apartment, it can't rely on the four-year rule. And landlord's late filing of registration statements for 1996 to 1999 didn't give landlord the benefit of a legal regulated rent based on the rent stated in the annual registration statement filed four years prior to the most recent registration statement.

Cecilia v. Irizarry: NYLJ, 5/24/01, p. 22, col. 4 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)