No Rent Overcharge Found Under Four-Year Rule

February 21, 2019

LVT Number: #29914

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant claimed that the court should look back more than four years at the apartment's rent history. But there was no basis to do so since there was no fraud or other circumstances warranting review of rent history going back more than four years.

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant claimed that the court should look back more than four years at the apartment's rent history. But there was no basis to do so since there was no fraud or other circumstances warranting review of rent history going back more than four years. Tenant had received a rent-stabilized lease, and landlord registered the rent with the DHCR more than four years before any rent overcharge complaint was filed.

Reich v. Belnord Partners, LLC: 2019 NY Slip Op 00220 (App. Div. 1 Dept.; 1/15/19; Renwick, JP, Gische, Kahn, Kern, Moulton, JJ)

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