2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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Under the prior law, the base date for an overcharge complaint filed on September 1,
1997 would have been April 1, 1993. Under the amended law, the base date is September
1, 1993.

RRRA 97 similarly amended the four year statute of limitations for rent
overcharge claims raised in court and governed by CPLR 213-a. "While the strict
four-year statute of limitations has been upheld in a number of court cases, questions
concerning interpretation of the four year rule continue to reach the courts". New York
Landlord-Tenant Law, Tanbook, Part III,- Rent Regulation, Editorial Comment (2014 ed.
LexisNexis/Matthew Bender 2014). See the recent cases of Ador Realty LLC v. DHCR ,
25 AD3d 128, 802 N.Y.S.2d 190 (2nd Dept., 2005) finding that the owner had to submit
a rent history to substantiate rent increases eight years before the new tenant took
occupancy in a challenge of the tenant to the longevity allowance under the rent law;
Cintron v. Calogero, 15 NY3d 347 (2010) finding that the DHCR could consider rent
reductions prior to the four year statute of limitations; and the Matter of Frimm v.
DHCR, 15 NY3d 358 (2010) overturning the failure of the DHCR to consider rent
history before the base date charged to the tenant in a fraud case.

Therefore, the Respondent's position regarding the compounding of the
fixed rent and the prohibition against any rent increase of the fixed rent prior to the
statute of limitations is not only unsupported by residential landlord and tenant law, it is
contrary to customary commercial and real estate practices.

After review, this Court, accordingly, finds that the C.P.A.'s calculations
made and admitted into evidence as Petitioner's "7" for the fixed rent increases are