Four-Year Time Limit Applies Despite Late Registration Filing

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled against tenant, and tenant appealed. Tenant had complained about an overcharge in court in 1998. Tenant claimed his overcharge claim could go back to 1987 because landlord didn't file the annual rent registration until 1997, which was less than four years before tenant complained. The appeals court ruled against tenant. The issue was whether there was a rent overcharge during the four years before tenant's complaint, not when landlord filed a late registration. Tenant didn't claim that there was any rent overcharge between 1994 and 1998.

Bragston Realty Corp. v. Dixon: NYLJ, p. 29, col. 3 (7/6/99) (App. T.2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)