Tenant Can Challenge Older Rent Increases

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that tenant sought review of rent-history records predating the four-year legal limit. The court ruled that tenant could proceed with the overcharge claim. Landlord appealed. In 1996 the appeals court ruled against landlord. The court found that the Rent Stabilization Code limited a rent overcharge award to the four-year period before tenant's complaint was raised but, while landlord had no duty to produce records dating back more than four years prior to the most recent registration date, this didn't bar tenant's challenge by other means to any prior unlawful rent increases. Landlord appealed again. The appeals court ruled against landlord and upheld the prior court rulings.

Zafra v. Pilkes: NYLJ, p. 25, col. 4 (7/28/97) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Milonas, Mazzarelli, JJ)