Court Applies Four-Year Time Limit to pre-April 1, 1984 Complaint

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Facts: Tenant filed a rent overcharge complaint before April 1, 1984. The DRA notified landlord of tenant's complaint shortly after April 1, 1984. The DRA ruled for tenant in 1985 based on landlord's default and found that the overcharge was willful. Landlord appealed, claiming that the DRA had ignored rent history records it had submitted. The DHCR ruled for landlord in 1987 and sent the case back to the DRA for further consideration. Landlord argued that the four-year time limit barred consideration of any rent history prior to April 1, 1980. The DRA ruled against landlord and found there was a willful rent overcharge. Landlord appealed again. The DHCR again ruled against landlord in 1998. The DHCR found that the four-year rule didn't apply to complaints filed before April 1, 1984. Landlord then filed a court case, claiming that the DHCR's decision was unreasonable. Landlord argued that under the Rent Regulation Reform Act of 1997 (RRRA), the four-year time limit applied to any pending case, including one first brought before April 1, 1984. The court ruled for landlord, and the DHCR appealed. Court: The DHCR loses. The RRRA specifically applied the four-year time limit to any pending overcharge case before the DHCR or the courts. So the four-year time limit applied to this case, even though it was started before April 1, 1984.

Orin Mgmt. Corp. v. DHCR: NYLJ, 10/5/00, p. 25, col. 3 (App. Div.2 Dept.; Thompson, JP, Friedmann, Florio, Smith, JJ)