Four-Year Time Limit Doesn't Apply

December 1, 2008

LVT Number: #20869

Landlord sued to evict tenant. Landlord claimed that tenant was unregulated. Tenant claimed that the apartment was never properly deregulated and that he was rent stabilized. The court ruled for tenant. Landlord appealed, claiming that the court improperly considered rent history events that occurred more than four years before tenant raised his defense. The appeals court ruled against landlord. Tenant's claim wasn't directly related to the calculation of a rent overcharge, but concerned whether the apartment was regulated. Landlord didn't prove that the apartment was properly deregulated.

Landlord sued to evict tenant. Landlord claimed that tenant was unregulated. Tenant claimed that the apartment was never properly deregulated and that he was rent stabilized. The court ruled for tenant. Landlord appealed, claiming that the court improperly considered rent history events that occurred more than four years before tenant raised his defense. The appeals court ruled against landlord. Tenant's claim wasn't directly related to the calculation of a rent overcharge, but concerned whether the apartment was regulated. Landlord didn't prove that the apartment was properly deregulated. Landlord didn't file apartment registration statements for more than 10 years. Landlord also failed to establish the four-year vacancy that landlord claimed justified the 300 percent increase over prior tenant's rent.

422 East 14th Street Associates, LLC v. Vlashos: NYLJ, 11/18/08, p. 33, col. 2 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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