Lower Court Misapplied Four-Year Rule

May 31, 2001

LVT Number: 15030

Tenant complained of a rent overcharge. The DHCR ruled against tenant, finding that there was no overcharge over the base rent collected four years before the date tenant filed his complaint. Tenant appealed. The court ruled that the base rent date was the date four years before the most recent rent registration statement on file before tenant filed his complaint. Using that base date, the court found that there was an overcharge and ruled for tenant. The DHCR appealed. The appeals court ruled for the DHCR.

Tenant complained of a rent overcharge. The DHCR ruled against tenant, finding that there was no overcharge over the base rent collected four years before the date tenant filed his complaint. Tenant appealed. The court ruled that the base rent date was the date four years before the most recent rent registration statement on file before tenant filed his complaint. Using that base date, the court found that there was an overcharge and ruled for tenant. The DHCR appealed. The appeals court ruled for the DHCR. The DHCR correctly applied the four-year rule set forth in the Rent Stabilization Law as amended by the Rent Regulation Reform Act of 1997.

Silver v. Lynch: NYLJ, 5/14/01, p. 18, col. 2 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Tom, Wallach, Andrias, JJ)

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