Tenant Was Overcharged Based on Prior Rent Reduction Order

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge.  A DHCR rent reduction order was issued in 1976, and landlord’s later application to restore rent wasn’t granted until April 1, 2013. Landlord argued that tenant’s claim was time-barred because it was raised after March 11, 2012. The court ruled for tenant. A rent-controlled tenant must claim a rent overcharge within two years from the date that the overcharge occurred. Tenant had raised her overcharge claim in a prior nonpayment proceeding that severed the counterclaim, which went back to January 2009. Landlord owed tenant $32,000 in rent overcharges from February 2009 through March 2013. 

Graham Court Owners Corp. v. Thomas: Index No. 55744/2014, NYLJ No. 1202746952724 (Civ. Ct. NY; 11/2/15; Stoller, J)