Tenant Can Challenge Older Rent Increases

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge. Landlord argued that tenant sought review of rent history records predating the four-year legal limit. The court ruled that tenant could proceed with the overcharge claim. Landlord appealed. The appeals court ruled against landlord. The rent stabilization code limits a rent overcharge award to the four-year period before tenant's complaint is filed. While landlord has no duty to produce records dating back more than four years prior to the most recent registration date, this doesn't bar challenges to any prior unlawful rent increases. It can still be proved by other means that a previous rent increase wasn't permissible.

Zafra v. Pilkes: NYLJ, p. 25, col. 3 (4/12/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freed-man, JJ)