Tenant Can't Challenge 1985 Rent Increase

March 1, 1998

LVT Number: 12177

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on an increase from $235 in the initial 1984 rent registration to $670 in 1985 when tenant moved in. The court ruled for tenant, and landlord appealed. While the appeal was pending, the Rent Regulation Reform Act of 1997 was passed. The act amended the Rent Stabilization Law to provide that no rent overcharge calculation or award could be based on an overcharge occurring more than four years before tenant's complaint is filed. The appeals court ruled for landlord and revoked the overcharge finding.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on an increase from $235 in the initial 1984 rent registration to $670 in 1985 when tenant moved in. The court ruled for tenant, and landlord appealed. While the appeal was pending, the Rent Regulation Reform Act of 1997 was passed. The act amended the Rent Stabilization Law to provide that no rent overcharge calculation or award could be based on an overcharge occurring more than four years before tenant's complaint is filed. The appeals court ruled for landlord and revoked the overcharge finding. The amended law applied to any pending case. Since tenant's overcharge claim was based solely on the 1985 rent increase, the court couldn't consider it when calculating the lawful rent.

Theoharidou v. Newgarden: NYLJ, p. 25, col. 3 (2/10/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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