Four-Year Rule Applies to Overcharge Complaint

March 1, 2004

LVT Number: 17180

Tenant complained of a rent overcharge. The DHCR ruled against tenant, and tenant challenged the ruling in court. The court and appeals court ruled against tenant. Tenant filed his complaint in January 1995, and his complaint was pending in June 1997 when the Rent Regulation Reform Act of 1997 provisions concerning the four-year rule were enacted. The four-year rule applied to tenant's complaint. Since tenant's rent was never raised during the four-year period before he filed his complaint, there was no basis for any overcharge finding.

Tenant complained of a rent overcharge. The DHCR ruled against tenant, and tenant challenged the ruling in court. The court and appeals court ruled against tenant. Tenant filed his complaint in January 1995, and his complaint was pending in June 1997 when the Rent Regulation Reform Act of 1997 provisions concerning the four-year rule were enacted. The four-year rule applied to tenant's complaint. Since tenant's rent was never raised during the four-year period before he filed his complaint, there was no basis for any overcharge finding.

Kandemir v. DHCR: NYLJ, 2/9/04, p. 25, col. 2 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Lerner, Friedman, JJ)

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