Tenant Can't Challenge Older Rent

November 1, 1997

LVT Number: 11896

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on an increase in registered rent between 1987 and 1988. The court ruled for landlord, finding that tenant's rent overcharge claim was time-barred. Tenant appealed, pointing out that an appeals court had ruled that a court can't order landlord to refund overcharges going back more than four years, but that court could review older rent history to calculate if an overcharge existed. The appeals court ruled against tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge based on an increase in registered rent between 1987 and 1988. The court ruled for landlord, finding that tenant's rent overcharge claim was time-barred. Tenant appealed, pointing out that an appeals court had ruled that a court can't order landlord to refund overcharges going back more than four years, but that court could review older rent history to calculate if an overcharge existed. The appeals court ruled against tenant. The Rent Regulation Reform Act of 1997, which applied to all pending cases, amended the rent stabilization law to bar examination of rent history prior to the four-year period before tenant complained of a rent overcharge. So tenant's claim was time-barred.

Rovito v. Melendez: NYLJ, p. 28, col. 3 (10/10/97) (App. Div. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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