Initial Overcharge Occurred More than Four Years Ago

Landlord sued to evict tenant for nonpayment of rent from January through August 1995. Tenant claimed landlord had collected a rent overcharge. He said that his initial $750 rent was illegal because the prior registered rent was $267. Landlord argued that tenant's entire claim was time-barred because the claimed overcharge first occurred when tenant's vacancy lease began on Aug. 15, 1991. The overcharge claim was raised in the nonpayment proceeding just over four years later. The court ruled for tenant. The four-year statute of limitations applicable to rent overcharge claims bars tenant from complaining about any overcharge that occurred prior to four years from when the overcharge claim was raised. But tenant's entire claim wasn't barred, because the initial overcharge occurred more than four years earlier. Tenant could still claim an overcharge had occurred during the preceding four-year period.

78/79 York Associates v. Rand: NYLJ, p. 31, col. 5 (2/14/96) (Civ. Ct. NY; Bransten, J)