Four-Year Rule Doesn't Apply to Fair Market Rent Appeals

Tenant filed a fair market rent appeal, challenging the first rent-stabilized rent for his apartment. The DHCR ruled against tenant because tenant's complaint was filed more than four years after the first stabilized rent was set. Tenant appealed, claiming that the four-year time limit for rent overcharges didn't apply to fair market rent appeals. The DHCR argued that it did. The court ruled for tenant. In 1997, the State Legislature amended Rent Stabilization Law Section 26-516 to modify the existing four-year time limit for rent overcharges. But the Legislature didn't amend Rent Stabilization Law Section 26-513, which dealt with fair market rent appeals. There was no prior four-year time limit on fair market rent appeals, and the Rent Regulation Reform Act of 1997 didn't add one.

Kempner v. DHCR: NYLJ, p. 28, col. 2 (10/27/99) (Sup. Ct. NY; McCooe, J)