Four-Year Rule Applies

April 1, 2004

LVT Number: 17243

Landlord sued to evict rent-stabilized tenant for not renewing her lease. Tenant counterclaimed for a rent overcharge. The court ruled for tenant. Tenant appealed, claiming that there should be no four-year limit on the overcharge award. Landlord collected the overcharge in violation of a DHCR rent-freeze order, which remained in effect. The appeals court ruled against tenant. The four-year rule still applies. The appeals court also noted that the lower court's award of punitive damages to tenant was improper. The law provides only for triple damages in the case of a willful overcharge.

Landlord sued to evict rent-stabilized tenant for not renewing her lease. Tenant counterclaimed for a rent overcharge. The court ruled for tenant. Tenant appealed, claiming that there should be no four-year limit on the overcharge award. Landlord collected the overcharge in violation of a DHCR rent-freeze order, which remained in effect. The appeals court ruled against tenant. The four-year rule still applies. The appeals court also noted that the lower court's award of punitive damages to tenant was improper. The law provides only for triple damages in the case of a willful overcharge.

Maple St. Realty Corp. v. Medina: NYLJ, 3/15/04, p. 32, col. 5 (App. T. 2 Dept.; Aronin, JP, Patterson, Rios, JJ)

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