Tenant Didn't Wait Too Long to Start Lawsuit

Facts: Tenant moved into rent-stabilized apartment in 1987 at a monthly rent of $1,875. Tenant filed a rent overcharge complaint soon thereafter. In the same year, the DRA ruled in favor of prior tenant on that tenant's rent overcharge complaint. As a result of the DRA's order, landlord reduced tenant's rent to $1,130, and tenant withdrew her own rent overcharge complaint. In the meantime, prior tenant appealed the DRA's ruling, claiming further rent overcharge. The DHCR sent the case back for further consideration. In 1991 the DRA revoked the 1987 order and further reduced the legal rent for the apartment. Landlord appealed. The DHCR ruled against landlord in 1993. Tenant only then learned of the further rent reduction and sued landlord in court for rent overcharge. Landlord claimed that tenant's claim was untimely. Court: Tenant wins. The four-year statute of limitations for claiming rent overcharge didn't apply in this case. It also didn't matter that tenant had discontinued her own rent overcharge complaint and that she wasn't a party to prior tenant's case. The rent reduction for tenant's apartment flowed from the DHCR's ruling on prior tenant's complaint. Since prior tenant's rent was unlawful, landlord was required to comply with the DHCR's order and reduce the rent for all subsequent tenants.

Greer v. Koppel: NYLJ, p. 31, col. 6 (6/12/96) (Sup. Ct. NY; Schlesinger, J)