Tenant Can't Challenge Initial Registration

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement. Later tenant asked the court to vacate the agreement, claiming a rent overcharge. Landlord had filed annual rent registrations since 1985, but didn't file a 1984 initial rent registration. Landlord argued that tenant couldn't complain of any overcharge occurring more than four years before she complained, even if it hadn't filed the initial rent registration. The court ruled for landlord. Although the law barred collection of any rent increases absent proper registration, tenant's failure to make her overcharge claim within four years of 1984 barred the claim on that basis. The court did vacate the agreement, however, based on an excessive 1997 rent increase.

Dirot Realty Corp. v. Bergue: NYLJ, 7/26/00, p. 31, col. 2 (Civ. Ct. Kings; Pinckney, J)