FOUR-YEAR RULE

Tenant Claims Apartment Was Improperly Deregulated After Vacancy

May 18, 2016    

Landlord sued to evict unregulated tenant when tenant’s lease expired. Tenant claimed that she was rent stabilized and that the apartment was improperly deregulated. Tenant asked the court to dismiss the case...

Tenant Can Review Pre-Base Date Rent Records

September 24, 2015    

Landlord sued to evict tenant for nonpayment of rent....

Four-Year Rule Applies to Deregulated Apartment

September 22, 2015    

Tenant complained of rent overcharge. He argued that landlord illegally deregulated his apartment and registered it as permanently exempt in 2007. The DRA ruled against tenant because tenant’s complaint was...

Four-Year Rule Applied to Overcharge Claim

September 19, 2015    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Four-Year Rule Applied to Complaint Filed by Deregulated Tenant

August 24, 2015    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that she wasn’t rent stabilized. Tenant appealed and lost. The base rent date for tenant’s complaint was May 12, 2008, four...

DHCR Can "Bridge the Gap" to Determine Rent Overcharge

July 20, 2015    

Tenant complained of rent overcharge. The...

Court Looks Back More Than Four Years to Examine Apartment Deregulation

July 14, 2015    

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized and had been overcharged. Landlord argued that the apartment had been exempt from rent stabilization based on high-rent vacancy...

DHCR Must Look Back More Than Four Years

June 25, 2015    

Rent-stabilized tenant complained of rent overcharge in...

DHCR Will Reconsider Tenant's Fraud Claim

May 20, 2015    

Rent-stabilized tenant complained of rent overcharge. She said that her initial 2003 vacancy lease didn't refer to her rent as a preferential rent. Therefore, her current legal rent should be based on the $750...

Tenant Claims Landlord Fraudulently Deregulated Apartment

May 19, 2015    

Tenant sued landlord, claiming that her apartment was improperly and fraudulently removed from rent stabilization. Landlord had registered the apartment with the DHCR as permanently exempt due to high-rent vacancy...

Four-Year Rule Didn't Apply Due to Landlord's Fraud

March 18, 2015    

Tenant moved into a rent-stabilized apartment in November 2003 at a rent of $1,800 per month. In December 2003, landlord registered the apartment with the DHCR, stating that a prior tenant paid $1,000...

No Proof of Fraud by Prior Landlord

November 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord had illegally and fraudulently increased rents...