Tenant Can Challenge Pre-1987 Rent Increase

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge, challenging rent increases landlord has collected for improvements. Landlord argued that since tenant first complained of an overcharge on the date of trial, July 23, 1991, he was barred from challenging rent increases for improvements that were made more than four years earlier. The court ruled that tenant could challenge the rent increases landlord had collected for renovations made while the apartment was vacant, even though landlord had collected those rent increases more than four years before the trial started. Otherwise, tenant wouldn't be protected from potentially fraudulent rent increases based on alleged vacancy improvements.

Hart-Zafra v. Pilkes: NYLJ, p. 29, col. 2 (2/1/95) (Civ. Ct. NY; Malatzky, J)