Four-Year Limit Applies from Date Complaint Filed

February 1, 2000

LVT Number: 13862

Tenant complained of a rent overcharge. The DHCR ruled against tenant because tenant's complaint was time-barred. Tenant appealed, claiming that the four-year time limit for a rent overcharge complaint began to run when landlord filed the annual rent registration statement. The court ruled against tenant. Review of the legislative history showed that the Rent Regulation Reform Act of 1997 clearly amended the rent stabilization law to bar examination of rent history going back more than four years from the filing date of tenant's complaint.

Tenant complained of a rent overcharge. The DHCR ruled against tenant because tenant's complaint was time-barred. Tenant appealed, claiming that the four-year time limit for a rent overcharge complaint began to run when landlord filed the annual rent registration statement. The court ruled against tenant. Review of the legislative history showed that the Rent Regulation Reform Act of 1997 clearly amended the rent stabilization law to bar examination of rent history going back more than four years from the filing date of tenant's complaint. It didn't matter when the rent registration statement was actually filed.

Sessler v. DHCR: NYLJ 1/12/00, p. 26, col. 6 (Sup. Ct. NY; Figueroa, J)

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