Four-Year Limit on Overcharge Claims Is Constitutional

Facts: Rent-stabilized tenant complained of a rent overcharge in 1989. The DRA ruled for tenant in 1994. There was an overcharge because landlord didn't register tenant's apartment until 1992. Landlord appealed. The DHCR ruled for landlord in 1998. Tenant's complaint was filed in 1989, which made the base date for determining any rent overcharge 1985. It didn't matter that landlord didn't file an initial registration in 1984. Tenant appealed, claiming that the parts of the Rent Regulation Reform Act of 1997 that amended the four-year time limit for rent overcharge claims were unconstitutional. Court: Tenant loses. The amended four-year time limit applies to all pending cases even if there was no initial registration of tenant's apartment. Retroactive application of the law didn't violate tenant's right of due process. The Rent Regulation Reform Act of 1997 merely clarified the existing rent stabilization law. The amended law didn't create or reduce tenant's right to bring a rent overcharge complaint. Tenant's complaint was always subject to a four-year time limit.

Brinkerhoff v. DHCR: NYLJ, p. 30, col. 4 (11/24/99) (Sup. Ct. NY; Cohen, J)