Tenant Gets DHCR-Ordered Refund Amount in Court

July 31, 2003

LVT Number: 16714

Tenant filed a fair market rent appeal. The DHCR ruled for tenant and ordered a refund for excess rents collected between 1992 and 1998. Tenant later sued landlord to recover the refund amount. The court ruled for tenant, and landlord appealed. Landlord claimed that tenant's court case was time-barred under the Rent Stabilization Law and CPLR 213-a because the overcharges tenant sought to collect were more than four years old. The court ruled against landlord. Landlord appealed and lost.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant and ordered a refund for excess rents collected between 1992 and 1998. Tenant later sued landlord to recover the refund amount. The court ruled for tenant, and landlord appealed. Landlord claimed that tenant's court case was time-barred under the Rent Stabilization Law and CPLR 213-a because the overcharges tenant sought to collect were more than four years old. The court ruled against landlord. Landlord appealed and lost. The four-year rule doesn't apply to a court case to enforce recovery of a refund already granted by the DHCR on a fair market rent appeal.

Rosado v. Vaccaro: NYLJ, 7/2/03, p. 22, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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