Amount of Overcharge Exceeds Rent Owed

November 1, 1996

LVT Number: 11016

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled against landlord and dismissed the case. Landlord appealed. In 1989 the DHCR ruled that landlord owed tenant over $4,000 in rent overcharges. This amount was substantially greater than the amount of back rent landlord claimed tenant owed. Landlord claimed that the four-year statute of limitations on rent overcharges barred tenant from seeking the offset now. The appeals court ruled against landlord.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled against landlord and dismissed the case. Landlord appealed. In 1989 the DHCR ruled that landlord owed tenant over $4,000 in rent overcharges. This amount was substantially greater than the amount of back rent landlord claimed tenant owed. Landlord claimed that the four-year statute of limitations on rent overcharges barred tenant from seeking the offset now. The appeals court ruled against landlord. The four-year statute of limitations applies to the right to file a rent overcharge claim, not to tenant's right to offset the refund against rent owed.

Mansions v. Moorhead: NYLJ, p. 25, col. 4 (10/8/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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