Four-Year TIme Limit Applies to Rent Freeze

Tenant complained of a rent overcharge. The DHCR ruled for tenant. On Dec. 11, 1999, the base rent date, a prior rent reduction order was in effect. This froze tenant's rent until Feb. 1, 2004, when the rent was restored based on the restoration of required services. Tenant appealed, claiming that the DHCR's decision was arbitrary and unreasonable. Tenant argued that, since landlord violated the rent restoration order by collecting an overcharge, the four-year rule shouldn't apply and landlord should refund overcharges collected before the base rent date. The court and appeals court ruled against tenant. Although the rent reduction order was issued more than four years before tenant filed his overcharge complaint, the DHCR properly limited the amount of overcharge recoverable to the four years prior to the filing of the overcharge complaint. The DHCR also properly limited triple damages to the two years before tenant filed his complaint.

Cintron v. Calogero: NYLJ, 3/2/09, p. 27, col. 3 (App. Div. 1 Dept.; Catterson, McGuire, Moskowitz, Acosta, JJ)