Tenant's Rent Challenge Is on Time

April 30, 1999

LVT Number: 13223

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that tenant's overcharge claim wasn't made on time. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had raised his overcharge claim in October 1995. So the court could look back four years. The rent registration in effect in October 1991 listed the legal monthly rent as $267. The April 1992 registration listed the monthly rent as $750. Tenant's overcharge claim was on time.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that tenant's overcharge claim wasn't made on time. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had raised his overcharge claim in October 1995. So the court could look back four years. The rent registration in effect in October 1991 listed the legal monthly rent as $267. The April 1992 registration listed the monthly rent as $750. Tenant's overcharge claim was on time.

78/79 York Assocs. v. Rand: NYLJ, p. 28, col. 2 (4/22/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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