FOUR-YEAR RULE

DHCR Can't Look Back More Than Four Years to Examine Rent Stabilization Status

April 25, 2019    

Tenant filed an application with the DHCR, seeking a declaration that he was rent stabilized. The DRA ruled for tenant, and landlord appealed. The DHCR denied landlord's PAR. Landlord then filed an Article 78...

Pre-Trial Questioning Needed to Determine If Apartment Was Fraudulently Deregulated

November 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant was rent stabilized. But in a subsequent stipulation landlord indicated that the apartment was high-rent...

Court Permits Review of Pre-Base Date Rent History

August 24, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and rent fraud warranting review of the apartment's rent history going back more than four years. The court agreed and granted...

Landlord Must Produce Pre-Base Date Records

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud and sought pre-trial questioning and document production going back more than four years before tenant...

Court Properly Looked Back More Than Four Years to Assess Claim

March 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant claimed that he was subject to rent stabilization and challenged the deregulated status of the apartment...

Court Grants Tenant's Request for Pretrial Questioning

April 28, 2017    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that the apartment was rent stabilized and had been improperly deregulated. Landlord and tenant agreed to mark the case off...

Tenant Can Review Rent History Documents Predating Four-Year Base Date

September 26, 2016    

Landlord sued to evict rent-stabilized tenant of 421-a building for nonpayment of rent. Tenant claimed that he had paid rent and that there were apartment conditions warranting a rent abatement. Tenant later got an...

DHCR Can Look Back More Than Four Years to Determine If Rent Was Preferential

July 25, 2016    

Tenant complained of rent overcharge. The DRA asked landlord to explain how the rent increased from $748 for the prior tenant in 2007 to $2,100 per month in 2008 when tenant moved in. Landlord claimed that the DRA...

Tenant Claims Apartment Was Improperly Deregulated After Vacancy

May 18, 2016    

Landlord sued to evict unregulated tenant when tenant’s lease expired. Tenant claimed that she was rent stabilized and that the apartment was improperly deregulated. Tenant asked the court to dismiss the case...

Tenant Can Review Pre-Base Date Rent Records

September 24, 2015    

Landlord sued to evict tenant for nonpayment of rent....

Four-Year Rule Applies to Deregulated Apartment

September 22, 2015    

Tenant complained of rent overcharge. He argued that landlord illegally deregulated his apartment and registered it as permanently exempt in 2007. The DRA ruled against tenant because tenant’s complaint was...

Four-Year Rule Applied to Overcharge Claim

September 19, 2015    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)