Four-Year Time Limit Applies

August 31, 1998

LVT Number: 12590

Landlord asked the DHCR whether the amended four-year statute of limitations imposed by the Rent Regulation Reform Act of 1997 applies to fair market rent appeals. In an opinion letter, the DHCR said yes. The DHCR pointed out that under existing law, tenant must file a fair market rent appeal within 90 days of receipt of an RR-1 notice of his right to challenge the first stabilized rent. The four-year rule applies to limit review of the apartment's rent history to four years before the filing of tenant's fair market rent appeal.

Landlord asked the DHCR whether the amended four-year statute of limitations imposed by the Rent Regulation Reform Act of 1997 applies to fair market rent appeals. In an opinion letter, the DHCR said yes. The DHCR pointed out that under existing law, tenant must file a fair market rent appeal within 90 days of receipt of an RR-1 notice of his right to challenge the first stabilized rent. The four-year rule applies to limit review of the apartment's rent history to four years before the filing of tenant's fair market rent appeal.

DHCR Opin. Ltr. by Charles Goldstein (8/12/97) [2-page document]

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