FOUR-YEAR RULE

Prior Rent History Can Be Examined

October 24, 2014    

Landlord sued to evict rent-stabilized SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning. Specifically, tenant sought production of...

Tenant Can't Claim Fraud Based on IAI Increase Collected 20 Years Ago

October 16, 2014    

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

Tenant Can Conduct Pretrial Questioning on Rent Fraud Claim

September 26, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, and landlord asked the court to strike tenant's counterclaim for rent overcharge. The court denied...

No Indication of Fraud Warranting Older Rent History Review

August 13, 2014    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that the apartment had been deregulated and wasn't subject to rent stabilization. Tenant appealed and argued that there was no prior...

Landlord's Fraud Results in $332,000 Overcharge

July 14, 2014    

Tenant complained of rent overcharge. The DHCR found that the base date rent was $2,322 per month and refused to review rent history documents pre-dating the four-year base date. Tenant filed an Article 78 court...

Tenant's Fraud Claim Insufficient to Thwart Four-Year Rule

July 11, 2014    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the apartment was unregulated, but the DHCR found that tenant was rent stabilized because the building was receiving J-51 benefits. However, the...

Landlord Must Produce Rent History Records Back to 1984

May 16, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's monthly rent was $1,575. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning and...

Tenant's Fraud Claim Dismissed

February 19, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that landlord committed fraud by illegally deregulating the...

No Proof of Fraud Warranted Piercing Four-Year Rule

February 18, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA failed to determine the legality of her rent prior to...

No Evidence of Fraud

January 15, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the apartment was vacant on the April 7, 2007, base rent date, four years before tenant...

No Overcharge and No Evidence of Fraud

January 15, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding that tenant paid $1,100 per month at all times without any increase from the base rent date. Tenant appealed and lost....

Fraud Indicated in Setting Base Rent

November 13, 2013    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the apartment was unregulated, but the DRA found that tenant was rent stabilized because the building was receiving J-51 benefits. However, the...