NYC tenants should read this important information hide this posting unhide

QR Code Link to This Post Tenants in NYC should be aware that the old rule that you can only challenge the rent of a rent stabilized apartment going back four years has changed because of decision by the Court of Appeals.

Here is the link to that decision: http://www.nycourts.gov/reporter/3dseries/2010/2010_07379.htm

It affirmed this decision: http://www.nycourts.gov/reporter/3dseries/2009/2009_06653.htm

According to this article -- "Complaining about a rent overcharge in New York City" -- filing a rent overcharge complaint with DHCR is not recommended because DHCR is considered pro-landlord: http://www.tenant.net/alerts/articles/complaining.html

Finally, there is no statute of limitations for challenging the rent regulated status of an apartment. See e.g., East West Renovating Co v DHCR, 16 AD3d 166, 167 [App Div, 1st Dep't, 2005] ("DHCR's consideration of events beyond the four-year period is permissible if done not for the purpose of calculating an overcharge but rather to determine whether an apartment is regulated.") http://www.nycourts.gov/reporter/3dseries/2005/2005_01661




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