Four-Year Rule Doesn't Apply

Rent-controlled tenant in Scarsdale complained of a rent overcharge. She said landlord was demanding monthly rent of $678, but her legal rent was less. The DRA ruled for tenant, and stated that tenant's maximum rent was $660. Landlord appealed, claiming that the DRA improperly reviewed rent history records dating back to 1986. Landlord argued that there was a four-year limit on reviewing the rent history in overcharge proceedings. The DHCR ruled against landlord. The four-year limitation applies to rent-stabilized apartments. There is no four-year limit under the State Rent and Eviction Regulations, which govern rent-controlled apartments outside New York City.

Keystone Realty Associates: DHCR Adm. Rev. Docket No. PC920063RO (2/21/08) [6-pg. doc.]