Four-Year TIme Limit on Overcharge Claim Inapplicable

October 31, 2010

LVT Number: #22959

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge and asked for permission to conduct pretrial questioning. Landlord objected and asked the court to dismiss tenant's defense as untimely based on the four-year time limit for overcharge claims. The court ruled against landlord. If, as tenant claimed, the base date rent was illegal and landlord committed fraud, the four-year rule wouldn't apply. So tenant was entitled to pretrial questioning concerning how the rent was set.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge and asked for permission to conduct pretrial questioning. Landlord objected and asked the court to dismiss tenant's defense as untimely based on the four-year time limit for overcharge claims. The court ruled against landlord. If, as tenant claimed, the base date rent was illegal and landlord committed fraud, the four-year rule wouldn't apply. So tenant was entitled to pretrial questioning concerning how the rent was set.

First Avenue Village Corp. v. McBain: Index No. 59732/10, NYLJ 1202472862320 (Civ. Ct. NY; Lebovits, J; 9/23/10)

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