Four-Year Limit Applies to Tenant's Claim

May 31, 1995

LVT Number: 9779

Tenant sued landlord, claiming rent overcharge.The trial court ruled that tenant couldn't go back more than four years in rent records to prove his claim. Tenant appealed, claiming that he needed to show that an overcharge occurred several years earlier to prove that the rent for the four years in question was improper. The court ruled against tenant. By law, an action for residential rent overcharge must be commenced within four years of the overcharge.

Tenant sued landlord, claiming rent overcharge.The trial court ruled that tenant couldn't go back more than four years in rent records to prove his claim. Tenant appealed, claiming that he needed to show that an overcharge occurred several years earlier to prove that the rent for the four years in question was improper. The court ruled against tenant. By law, an action for residential rent overcharge must be commenced within four years of the overcharge. For purposes of determining the overcharge, the legal regulated rent is the rent indicated in the annual registration statement filed four years prior to the most recent registration statement. And an overcharge award can't be based on an overcharge occurring more than four years before the complaint was filed.

Avner v. Trump Management: NYLJ, p. 34,col. 5 (5/19/95) (App. T. 2 Dept. Kassoff,J, Chetta, Patterson, JJ)

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