Four-Year Cut-Off Applies to Pre-April 1, 1984 Complaints

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. Tenant's complaint was filed before April 1, 1984. The DRA ruled for tenant in 1985, and landlord appealed. The DHCR sent the case back for reconsideration, and the DRA again ruled for tenant. Landlord again appealed. In 1998, the DHCR ruled against landlord in an overcharge finding dating back to 1977. Landlord appealed to the court, claiming that, under the Rent Regulation Reform Act of 1997, all pending overcharge complaints were subject to a four-year time limit. The DHCR argued that the changes in the law didn't apply to complaints filed before April 1, 1984. The court ruled for landlord. The court interpreted the law to apply to all rent overcharge complaints, whether they were filed before or after April 1, 1984. The court found that tenant had filed his complaint six-and-one-half years after the date of the first alleged overcharge. Since tenant didn't file his complaint within four years of the first overcharge claimed, his complaint was barred by the four-year time limit and must be dismissed.

Orin Mgmt. Corp. v. DHCR: NYLJ, p. 33, col. 4 (1/20/99) (Sup. Ct. Queens; Golia, J)