Tenant Didn't Sue Landlord within Six-Year Enforcement Period

Tenant sued landlord to enforce a DHCR fair market rent appeal order, which awarded a rent refund to tenant. Landlord claimed that tenant waited too long and asked the court to dismiss the case. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that there was a 20-year statute of limitations on enforcement of judgments. But a plenary action to enforce a fair market rent appeal order was subject to a six-year time limit under Civil Practice Laws and Rules Section 213(1). Unlike a rent overcharge proceeding, where the DHCR can authorize entry of a judgment that would be subject to the 20-year enforcement limit, orders on fair market rent appeals don't result in judgments. Tenants must start a court action within six years of the order to get a money judgment. Tenant failed to do so.

Obispo v. 423 Madison Avenue LLC: NYLJ, 4/4/11, p. 20, col. 4 (App. Div. 1 Dept.; Tom, JP, Saxe, Friedman, Sweeny, Abdus-Salaam, JJ)