Four-Year Rule Doesn't Apply to Lease Clause Objection

August 31, 2010

LVT Number: #22889

Rent-stabilized tenant complained of a rent overcharge, and objected to lease clauses that landlord unilaterally added after the expiration of her 1979 vacancy lease. The DRA ruled against tenant, finding no overcharge. The DRA also said tenant couldn't challenge the lease clauses since they were made more than four years before tenant filed her complaint. Tenant appealed and won. There was no overcharge, but tenant wasn't barred from objecting to clauses that landlord inserted into her renewal leases that weren't part of her initial lease.

Rent-stabilized tenant complained of a rent overcharge, and objected to lease clauses that landlord unilaterally added after the expiration of her 1979 vacancy lease. The DRA ruled against tenant, finding no overcharge. The DRA also said tenant couldn't challenge the lease clauses since they were made more than four years before tenant filed her complaint. Tenant appealed and won. There was no overcharge, but tenant wasn't barred from objecting to clauses that landlord inserted into her renewal leases that weren't part of her initial lease. Landlord was required to offer tenant each renewal lease on the same terms and conditions as her initial lease.

Svendsen: DHCR Adm. Rev. Docket No. XK410019RT (7/16/10) [2-pg. doc.]

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