FOUR-YEAR RULE

Regina Decision Limits Documents Landlord Must Produce for Overcharge Claim

May 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge. Tenant asked the court for permission to conduct pretrial questioning with document production....

Tenant's Request for Rent Records Limited to Four-Year Lookback

May 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Initially, tenant and landlord signed a so-ordered settlement agreement. Tenant paid $1,700 and agreed to pay an additional $5,700 claimed due. An...

HSTPA Can't Be Applied Retroactively to Tenant's Overcharge Counterclaim

May 20, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. Tenant, relying on the Housing Stability and...

Court Can Look Back More Than Six Years to Determine if Deregulation Was Improper

January 29, 2020    

Landlord sued to evict unregulated tenant after tenant's lease expired and tenant didn't move out. Tenant claimed improper deregulation and asked for permission to conduct pre-trial questioning. The court...

DHCR Can't Look Back More Than Four Years to Examine Rent Stabilization Status

April 25, 2019    

Tenant filed an application with the DHCR, seeking a declaration that he was rent stabilized. The DRA ruled for tenant, and landlord appealed. The DHCR denied landlord's PAR. Landlord then filed an Article 78...

Pre-Trial Questioning Needed to Determine If Apartment Was Fraudulently Deregulated

November 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant was rent stabilized. But in a subsequent stipulation landlord indicated that the apartment was high-rent...

Court Permits Review of Pre-Base Date Rent History

August 24, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and rent fraud warranting review of the apartment's rent history going back more than four years. The court agreed and granted...

Landlord Must Produce Pre-Base Date Records

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud and sought pre-trial questioning and document production going back more than four years before tenant...

Court Properly Looked Back More Than Four Years to Assess Claim

March 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant claimed that he was subject to rent stabilization and challenged the deregulated status of the apartment...

Court Grants Tenant's Request for Pretrial Questioning

April 28, 2017    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that the apartment was rent stabilized and had been improperly deregulated. Landlord and tenant agreed to mark the case off...

Tenant Can Review Rent History Documents Predating Four-Year Base Date

September 26, 2016    

Landlord sued to evict rent-stabilized tenant of 421-a building for nonpayment of rent. Tenant claimed that he had paid rent and that there were apartment conditions warranting a rent abatement. Tenant later got an...

DHCR Can Look Back More Than Four Years to Determine If Rent Was Preferential

July 25, 2016    

Tenant complained of rent overcharge. The DRA asked landlord to explain how the rent increased from $748 for the prior tenant in 2007 to $2,100 per month in 2008 when tenant moved in. Landlord claimed that the DRA...