Four-Year Rule Bars Tenant's Claim

September 30, 2000

LVT Number: 14448

Tenant complained of a rent overcharge. The DHCR and the court ruled against tenant, finding that the four-year time limit barred tenant's claim. Tenant appealed again and lost. Tenant claimed that the first overcharge occurred on Aug. 1, 1984. But tenant's complaint wasn't filed until April 6, 1989. So tenant's complaint was time-barred. Tenant's fraud claim was related to his overcharge claim, so it also was time-barred. The court also rejected tenant's claim that landlord's delay in registering the apartment caused him to delay filing his complaint.

Tenant complained of a rent overcharge. The DHCR and the court ruled against tenant, finding that the four-year time limit barred tenant's claim. Tenant appealed again and lost. Tenant claimed that the first overcharge occurred on Aug. 1, 1984. But tenant's complaint wasn't filed until April 6, 1989. So tenant's complaint was time-barred. Tenant's fraud claim was related to his overcharge claim, so it also was time-barred. The court also rejected tenant's claim that landlord's delay in registering the apartment caused him to delay filing his complaint. And there was no due process violation by the DHCR's application of the revised 1997 four-year rule to tenant's pending case.

Brinckerhoff v. DHCR: NYLJ, 9/18/00, p. 23, col. 5 (App. Div.1 Dept.; Williams, JP, Tom, Lerner, Andrias, Friedman, JJ)

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