Rent Overcharge Claim Dismissed Based on Four-Year Lookback Period

August 19, 2020

LVT Number: #30917

Rent-stabilized tenant sued landlord, claiming rent overcharge and fraudulent rent increases. The court ruled for landlord and dismissed the case. Since the case was filed before HSTPA amended the law in June 2019, the court applied a four-year lookback period. Tenant moved into the apartment on Sept. 1, 2013, at a monthly rent of $1,600. The apartment had been registered with the DHCR annually since that time. Tenant failed to submit any proof of fraud. On the base rent date, March 12, 2015, the apartment was registered at a rent of $1,664 per month.

Rent-stabilized tenant sued landlord, claiming rent overcharge and fraudulent rent increases. The court ruled for landlord and dismissed the case. Since the case was filed before HSTPA amended the law in June 2019, the court applied a four-year lookback period. Tenant moved into the apartment on Sept. 1, 2013, at a monthly rent of $1,600. The apartment had been registered with the DHCR annually since that time. Tenant failed to submit any proof of fraud. On the base rent date, March 12, 2015, the apartment was registered at a rent of $1,664 per month. Since tenant received a rent-stabilized lease and landlord duly registered the apartment with the DHCR more than four years before any rent overcharge complaint was filed, tenant's claim was barred by the four-year statute of limitations.

Stoddard v. 21 Allen St. Corp.: Index No. 152641/2019, 2020 NY Slip Op 32235(U)(Sup. Ct. NY; 7/10/20; Perry, J)

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