Two-Year Time Limit on Overcharge Claim Under Rent Control

September 11, 2012

LVT Number: #24308

Rent-controlled tenant sued landlord in March 2007 for rent overcharge. The court ruled against tenant, who appealed and lost. Tenant failed to prove there was any overcharge after March 2005. Since there was a two-year statute of limitations on rent overcharge claims under rent control, there was no valid claim. The DHCR order tenant relied on only set forth the maximum collectible rent history for the apartment and didn’t order any overcharge refund.

Rent-controlled tenant sued landlord in March 2007 for rent overcharge. The court ruled against tenant, who appealed and lost. Tenant failed to prove there was any overcharge after March 2005. Since there was a two-year statute of limitations on rent overcharge claims under rent control, there was no valid claim. The DHCR order tenant relied on only set forth the maximum collectible rent history for the apartment and didn’t order any overcharge refund.

Elkins v. Rome Group, LLC: NYLJ, 8/22/12, p. 22, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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