Four-Year Rule Applies to Longevity Increase

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker & Bruh, attorneys for the landlord.) Facts: Tenant complained of a rent overcharge. Landlord claimed there was no overcharge. Among other things, landlord collected a 21-year longevity rent increase from tenant based on the last prior vacancy occurring that long ago. The DHCR ruled for tenant and found an overcharge. Rent registration records showed there had been a vacancy just nine years before tenant moved in. So landlord could collect only a nine-year longevity increase. Landlord appealed. Court: Landlord wins. The Rent Stabilization Law's four-year rule bars review of any rent history records by DHCR, including rent registration records, that are dated more than four years before the date of tenant's overcharge complaint. The DHCR argued that the four-year rule didn't apply to calculating longevity increases. But nothing in the law supported the DHCR's claim. The DHCR's decision was unreasonable and was revoked.

Realty LLC v. DHCR: NYLJ, 3/19/03, p. 20, col. 3 (Sup. Ct. Kings; Harkavy, J)