Four-Year Time Limit Bars Review of Prior Rent History

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant, and landlord appealed. Although the court had limited damages for tenant's overcharge claim to four years, the court permitted review of the rent history more than four years prior to tenant's complaint to determine if there was an overcharge. Landlord claimed this violated the four-year time limit for overcharge complaints set forth in the Rent Stabilization Law and Code. The appeals court ruled against landlord in July 1997, even though the legislature had just passed the Rent Regulation Reform Act of 1997. The act amended the four-year time limit for rent overcharge complaints to more clearly prevent review of rent history records from more than four years before tenant's made complaint. Landlord asked the court to reconsider its decision in light of the new law. The court reconsidered and ruled for landlord. Based on the Rent Regulation Reform Act of 1997, the court wouldn't consider the rent history of the apartment more than four years prior to the tenant's complaint.

Zafra v. Pilkes: 666 NYS 2d 633 (1977) (App. Div. 1 Dept.; (Murphy P.J., Sullivan, Milanos, Mazzarelli, JJ)