78/79 York Associates v. Rand

Appellate Terms of the Supreme Court of New York

78/79 York Associates v. Rand

180 Misc. 2d 316, 691 N.Y.S.2d 875, 1999 N.Y. Misc. LEXIS 199

Appellate Terms of the Supreme Court of New York·Decided April 19, 1999·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Per Curiam.

Order dated January 28, 1998 affirmed, with $10 costs.

Tenant’s rent overcharge counterclaim, interposéd in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action. The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is challenging the amount of rent ($750) set forth in landlord’s July 1992 registration statement (cf., Zafra v Pilkes, 245 AD2d 218; Theoharidou v Newgarden, 176 Misc 2d 97). The rent registration statement in effect four years prior to the interposition of tenant’s claim set forth a legal rent of $267.45. Accordingly, tenant is entitled to recover any overcharges paid within four years of its October 1995 claim.

Freedman, J. P., and Davis, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Per Curiam.

Order dated January 28, 1998 affirmed, with $10 costs.

Tenant’s rent overcharge counterclaim, interposéd in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action. The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is challenging the amount of rent ($750) set forth in landlord’s July 1992 registration statement (cf., Zafra v Pilkes, 245 AD2d 218; Theoharidou v Newgarden, 176 Misc 2d 97). The rent registration statement in effect four years prior to the interposition of tenant’s claim set forth a legal rent of $267.45. Accordingly, tenant is entitled to recover any overcharges paid within four years of its October 1995 claim.

Freedman, J. P., and Davis, J., concur.

78/79 York Associates v. Rand, 180 Misc. 2d 316, 691 N.Y.S.2d 875, 1999 N.Y. Misc. LEXIS 199 (N.Y. Ct. App. 1999).

Pincite

180 Misc. 2d 316 (78/79 York Associates v. Rand) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related