Tenant Can't Challenge Registration After Four Years

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord didn't send tenant an initial rent registration statement in 1992, nor did landlord file this statement with the DHCR. So tenant claimed that the rent should be frozen at $565, the amount paid by prior rent-controlled tenant. The court ruled against tenant. Tenant appealed and lost. Landlord filed annual rent registration statements for the years 1993 through 1997, at higher rent amounts. Tenant didn't raise his overcharge claim until November 1998. Tenant was barred by the four-year time limit under the Rent Regulation Reform Act of 1997 from claiming an overcharge before November 1994. Since landlord had filed annual registration statements in 1993 and 1994, it didn't matter that it hadn't filed an initial registration statement in 1992.

Ennismore Apts. Inc. v. Valenti: NYLJ, 1/2/01, p. 29, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)