Court Applies Four-Year Rule

January 1, 2001

LVT Number: 14636

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent for her apartment was excessive. Tenant filed her complaint more than four years after moving into the apartment, but landlord had never sent the initial rent registration form advising tenant of her right to challenge the rent. The DHCR ruled against tenant, finding her fair market rent appeal to be time-barred. Tenant appealed and lost. The four-year time limit for rent overcharge claims set by the Rent Regulation Reform Act of 1997 applies also to fair market rent appeals.

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent for her apartment was excessive. Tenant filed her complaint more than four years after moving into the apartment, but landlord had never sent the initial rent registration form advising tenant of her right to challenge the rent. The DHCR ruled against tenant, finding her fair market rent appeal to be time-barred. Tenant appealed and lost. The four-year time limit for rent overcharge claims set by the Rent Regulation Reform Act of 1997 applies also to fair market rent appeals.

Schutt v. DHCR: NYLJ, 12/14/00, p. 27, col. 3 (App. Div.1 Dept.; Tom, JP, Ellerin, Wallach, Rubin, Saxe, JJ)

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