TenantNet Forum

Where tenants can seek help and help others



Rent Info Older than 4 Years – L and T Court

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Rent Info Older than 4 Years – L and T Court

Postby NODEAL » Wed Dec 05, 2007 3:55 pm

(I just posted this question in the "Rent Stabilized" section. Sorry for the repeat but I am a bit desperate for a quick answer. Thanks. I am rent-stabilized.)

I know positively that,
my landlord intends to present rent information older than 4 years old, in court, in order to determine my current legal rent.

Does the statute of limitations prevent him from using such 'old' material in L&T Court just as it does in DHCR complaints?
NODEAL
 

Postby NODEAL » Fri Dec 07, 2007 8:04 pm

ANSWER

Although nobody had an answer to this question, thanks for your viewings.

A DHCR administrator informed me that the statute applies in L&T Court just as it does in DHCR proceedings.
NODEAL
 

Postby cardinalfang » Sat Dec 08, 2007 5:22 pm

You can cite CPLR 213-a, which provides:
An action on a residential rent overcharge shall be commenced within four years of the first overcharge alleged and no determination of an overcharge and no award or calculation of an award of the amount of any overcharge may be based upon an overcharge having occurred more than four years before the action is commenced. This section shall preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the commencement of the action.
cardinalfang
 

Postby elderlytenant » Sun Dec 09, 2007 10:44 am

Cardinalfang:

Two questions come to my mind:

1) I was told that when someone files an overcharge claim with DHCR, DHCR goes back and examines rental history and finds some math errors which had, in fact, resulted in undercharges, and overall it works against the tenant filing for overcharge. How far back can DHCR go to fix math errors and fix the undercharge?
2) The highlighted portion of your quote implies that four-year limitation period applies to the quoted section. Can the rental history from period prior to four years be used as a proof for other purposes – e.g. DHCR records from 30 years back show the accommodation has 4 rooms. Prior landlord to accommodate tenant needs put in a small wall 28 years ago. Permanent increase due to building wide MCI which occurred 18 years ago was computed on 5 rooms instead of 4 rooms and is still being shown separately on DHCR form for computation of adjusted MBR – since MCI permanent increases do not qualify for additional biennial percentage increases. Can this be used as a proof that the wall belonged to the building and was put in by the building?
elderlytenant
 
Posts: 102
Joined: Sat Aug 05, 2006 6:34 am
Location: New York City

Postby cardinalfang » Sun Dec 09, 2007 6:52 pm

In calculating the legal regulated rent, DHCR first determines what rent was being charged and paid on the base date (4 years before the complaint was filed), or the LRR that was established at that time along with a preferential rent, and then examines the increases that were applied since the base date.

Rent history and DHCR records more than 4 years old are fair game for use in connection with other issues. The courts have been taking a narrow view of the four-year rule and limiting its application to the look-back period for a rent overcharge complaint. If the issue is whether a unit is in fact rent-stabilized or whether a vacancy increase should incorporate a longevity bonus, or perhaps even whether fraud occurring more than 4 years ago makes the base-date lease or registration unreliable, older rent history can be used.
cardinalfang
 

Postby elderlytenant » Mon Dec 10, 2007 4:32 am

cardinalfang:

Thanks, very much.
elderlytenant
 
Posts: 102
Joined: Sat Aug 05, 2006 6:34 am
Location: New York City

currently in court involving statute

Postby APTHELP » Fri Aug 22, 2008 12:39 am

Hi, I am currently in court w my LL. I am trying to prove he illegally deregulated my apt. The judge did agree to look back beyond four years to determine this. If you approach the statute for terms NOT involving overcharges you can go back beyond four years.
APTHELP
 
Posts: 8
Joined: Sun Feb 17, 2008 9:10 pm


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 20 guests