No Four-Year Rule for pre-4/1/84 Complaint

April 30, 2002

LVT Number: 15811

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR should have applied the four-year rule to tenant's complaint, limiting review of rent history to the four-year period before the date tenant's complaint was filed. The court ruled for landlord, and the DHCR appealed. The appeals court ruled for the DHCR. Tenant's complaint was filed on March 31, 1984. So, by law, the four-year rule didn't apply.

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR should have applied the four-year rule to tenant's complaint, limiting review of rent history to the four-year period before the date tenant's complaint was filed. The court ruled for landlord, and the DHCR appealed. The appeals court ruled for the DHCR. Tenant's complaint was filed on March 31, 1984. So, by law, the four-year rule didn't apply.

Roth & Sons v. DHCR: NYLJ, 4/8/02, p. 26, col. 6 (App. Div.2 Dept.; Florio, JP, Miller, McGinity, Adams, JJ)

Topics

More like this