Tenant Didn't Start Court Case on Time

September 30, 1999

LVT Number: 13570

Rent-stabilized tenant sued landlord for a rent overcharge. Landlord claimed that tenant's claim wasn't on time and asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact. Landlord appealed and won. Tenant sued landlord in February 1998, and it was undisputed that the last claimed overcharge occurred in August 1987. Tenant's claim is barred under the rent stabilization law's four-year time limit for rent overcharge claims. Tenant claimed it was trying to enforce a DHCR order of rent overcharge.

Rent-stabilized tenant sued landlord for a rent overcharge. Landlord claimed that tenant's claim wasn't on time and asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact. Landlord appealed and won. Tenant sued landlord in February 1998, and it was undisputed that the last claimed overcharge occurred in August 1987. Tenant's claim is barred under the rent stabilization law's four-year time limit for rent overcharge claims. Tenant claimed it was trying to enforce a DHCR order of rent overcharge. But to do that, tenant must deduct the overcharge from his rent or file the DHCR order as a judgment. Also, DHCR had denied tenant's request to make current landlord a party to the overcharge case.

Bowen v. E. 13th St. Realty Co.: NYLJ, p. 26, col. 3 (9/23/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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