Four-Year Time Limit Applies to Fraud Claims

LVT Number: 18009

Tenant moved into his apartment in July 1994, and paid rent in excess of $2,000 per month. Landlord claimed that it had made apartment improvements that resulted in a deregulated rent. In 2004, landlord refused to renew tenant's lease. Tenant reviewed rent records and believed that landlord fraudulently obtained the deregulation of his apartment. Tenant asked the DHCR if the four-year time limit for overcharge claims or fair market rent appeals applied to claims of fraud. In an opinion letter, the DHCR said yes.

Tenant moved into his apartment in July 1994, and paid rent in excess of $2,000 per month. Landlord claimed that it had made apartment improvements that resulted in a deregulated rent. In 2004, landlord refused to renew tenant's lease. Tenant reviewed rent records and believed that landlord fraudulently obtained the deregulation of his apartment. Tenant asked the DHCR if the four-year time limit for overcharge claims or fair market rent appeals applied to claims of fraud. In an opinion letter, the DHCR said yes.

DHCR Opin. Ltr. by Michael B. Rosenblatt (1/13/05) [2-pg. doc.].

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