Four-Year Rule Applies

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant moved into a rent-stabilized apartment in 1990 and filed a fair market rent appeal in 1993. The DRA ruled for tenant, finding that the fair market rent on July 1, 1984 was $300. Tenant's 1990 rent was reduced from $1,150 to $700, and landlord was directed to refund over $16,000. Landlord appealed, claiming that the four-year time limit applied. The DHCR ruled for landlord. Under the Rent Regulation Reform Act of 1997, which applies to all pending cases, the DHCR can't examine rental events occurring more than four years before the filing of a complaint. Since tenant's complaint was filed in 1993, the base date is 1989. The apartment had been registered since the base date, so tenant couldn't challenge the initial rent-stabilized rent. There was no rent overcharge. Tenant's complaint was dismissed.

Superior Mgmt.: DHCR Adm. Rev. Dckt. No. JJ410245RO (12/15/99) [2-pg. doc.]