Four-Year Time Limit Doesn't Apply to Pre-April 1, 1984, Complaint

April 30, 1999

LVT Number: 13222

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the DHCR should have set a four-year time limit on its review of the apartment's rent history. The court and appeals court ruled against landlord. Tenant's complaint was filed before April 1, 1984. The four-year time limit applicable to rent overcharge complaints under the Rent Stabilization Law and Code doesn't apply to complaints filed before that date.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the DHCR should have set a four-year time limit on its review of the apartment's rent history. The court and appeals court ruled against landlord. Tenant's complaint was filed before April 1, 1984. The four-year time limit applicable to rent overcharge complaints under the Rent Stabilization Law and Code doesn't apply to complaints filed before that date.

Serencha Realty Corp. v. DHCR: NYLJ, p. 28, col. 1 (4/19/99) (App. Div. 1 Dept.; Nardelli, JP, Tom, Lerner, Mazzarelli, JJ)

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