Four-Year Limit on Overcharges Doesn't Apply to Loft Case

March 1, 2001

LVT Number: 14786

Facts: The Loft Board ruled that landlord had overcharged loft tenant. Landlord appealed, claiming that the four-year time limit on overcharges applied. In 1997, the Rent Regulation Reform Act added a four-year limit to overcharge claims in CPLR Section 213-a. Landlord claimed that this law should be applied to its loft case. Court: Landlord loses. The legislature didn't intend for CPLR provisions to apply to the Loft Law or for CPLR Section 213-a to apply to Loft Board proceedings.

Facts: The Loft Board ruled that landlord had overcharged loft tenant. Landlord appealed, claiming that the four-year time limit on overcharges applied. In 1997, the Rent Regulation Reform Act added a four-year limit to overcharge claims in CPLR Section 213-a. Landlord claimed that this law should be applied to its loft case. Court: Landlord loses. The legislature didn't intend for CPLR provisions to apply to the Loft Law or for CPLR Section 213-a to apply to Loft Board proceedings.

Sori-Goalya Realty LLC v. NYC Loft Board: NYLJ, 2/28/01, p. 19, col. 6 (Sup. Ct. NY; Solomon, J)

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