Four-Year Time Limit Doesn't Apply

December 1, 2010

LVT Number: #23027

Landlord appealed a DHCR decision setting the MCR for rent-controlled tenant. Landlord claimed that the DHCR's decision was arbitrary and unreasonable because the DHCR didn't include in its calculations a $65 monthly rent increase that tenant previously consented to. Landlord also argued that Civil Practice Law and Rules Section 213-a barred the DHCR from examining the rent history for the apartment more than four years before tenant filed her complaint. The court ruled against landlord. The four-year rule applied only to rent-stabilized apartments, not to rent-controlled units.

Landlord appealed a DHCR decision setting the MCR for rent-controlled tenant. Landlord claimed that the DHCR's decision was arbitrary and unreasonable because the DHCR didn't include in its calculations a $65 monthly rent increase that tenant previously consented to. Landlord also argued that Civil Practice Law and Rules Section 213-a barred the DHCR from examining the rent history for the apartment more than four years before tenant filed her complaint. The court ruled against landlord. The four-year rule applied only to rent-stabilized apartments, not to rent-controlled units. And landlord didn't inform the DHCR of tenant's agreement to pay the $65 increase until June 2009. So landlord could increase the MCR only prospectively, starting July 1, 2009.

8082 Associates LP v. DHCR: Index No. 114773/09, NYLJ No. 1202472136817 (Sup. Ct. NY; 10/5/10; Madden, J)

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