Four-Year Time Limit Applies Despite Landlord's Failure to File Initial Apartment Registration

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on landlord's failure to file an initial rent registration (RR-1) form with the DHCR in 1988 when the apartment became subject to rent stabilization. The court ruled for tenant in 1996, and landlord appealed. The appeals court ruled for landlord. Under the Rent Regulation Reform Act of 1997, which applies to all pending cases, the registered rent can't be challenged after four years. The building was constructed in 1987 and became subject to rent stabilization based on landlord's participation in the 421-a tax benefit program. Landlord filed annual rent registration forms in 1988 and for all other years except 1989. There was no rent overcharge claim until 1996 in response to landlord's nonpayment petition. Between 1992 and 1996, there was no overcharge. Landlord's nonpayment petition was reinstated.

Milan Assocs., L.P. v. Bailey: NYLJ, p. 21, col. 2 (8/27/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)