Tenant Can't Challenge Old Registration

July 31, 2001

LVT Number: 15186

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge and asked the court to dismiss the case. The court ruled for tenant based on landlord's failure to oppose tenant's request. Landlord then appealed. The appeals court ruled against landlord because landlord didn't oppose tenant's request before the lower court. But the appeals court noted that it would have ruled for landlord. Tenant had challenged the rent amount based on landlord's failure to file rent registrations for 1986, 1987, and 1988.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge and asked the court to dismiss the case. The court ruled for tenant based on landlord's failure to oppose tenant's request. Landlord then appealed. The appeals court ruled against landlord because landlord didn't oppose tenant's request before the lower court. But the appeals court noted that it would have ruled for landlord. Tenant had challenged the rent amount based on landlord's failure to file rent registrations for 1986, 1987, and 1988. By law, tenant can't challenge the registrations that were filed more than four years before he claimed an overcharge.

Kirschbaum v. Martinez: NYLJ, 7/13/01, p. 21, col. 3 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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