Four-Year Time Limit Doesn't Apply to Rent-Controlled Tenant

Rent-controlled tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed and lost. Landlord argued that the DHCR looked back more than four years from the date of tenant's complaint to decide the maximum collectible rent. But the four-year time limit applicable to overcharge claims for rent-stabilized tenants didn't apply under rent control. Landlord also disputed the DHCR's disallowance of a $65 rent increase in 1996 based on landlord and tenant's written agreement for 1/40th apartment improvements. But landlord never notified the DHCR of the agreement, so it wasn't entitled to collect that rent increase under rent-control regulations.

8082 Associates LP v. DHCR: Index No. 114773/09, 2010 NY Slip Op 32843(U) (Sup. Ct. NY; Madden, J; 10/5/10)