Four-Year Rule Bars Tenant's Challenge

April 1, 2001

LVT Number: 14879

In 1989, rent-stabilized tenant filed a rent overcharge complaint in response to the 1984 initial rent registration of his apartment. The case was still pending before the DHCR in 1997 when the four-year rule was amended to strictly bar rent overcharge claims for periods more than four years before the filing date of the complaint. The DHCR ruled against tenant, and tenant appealed. The court and the appeals court ruled against tenant. The amendment of the law by the Rent Regulation Reform Act of 1997 was immediate and applied to pending rent overcharge cases.

In 1989, rent-stabilized tenant filed a rent overcharge complaint in response to the 1984 initial rent registration of his apartment. The case was still pending before the DHCR in 1997 when the four-year rule was amended to strictly bar rent overcharge claims for periods more than four years before the filing date of the complaint. The DHCR ruled against tenant, and tenant appealed. The court and the appeals court ruled against tenant. The amendment of the law by the Rent Regulation Reform Act of 1997 was immediate and applied to pending rent overcharge cases.

Hawco v. DHCR: NYLJ, 3/26/01, p. 22, col. 4 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Nardelli, Tom, Mazzarelli, JJ)

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