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The Demise of the RRRA's Four-Year Statute
A central feature of the Rent Regulation Reform Act of 1997 (RRRA) was its prohibition, in any rent overcharge complaint, on examination of rental history more than four years old at the time the complaint was filed. In two recent decisions, Cintron v. Calogero, NYLJ 10/20/2010, p. 26., col. 1, and Grimm v. DHCR, NYLJ 10/20/2010, p. 26., col. 4., The Court of Appeals has eviscerated that prohibition, leaving it unclear when, if ever, a landlord may rely on the four-year statute.
The Statutory Provision
The RRRA provides that overcharge complaints shall be filed with DHCR “within four years of the first overcharge alleged and no determination of an overcharge and no award of calculation of an award of the amount of an overcharge may be based upon an overcharge having occurred more than four years before the complaint is filed … ” Administrative Code of the City of New York, Section 26-516(a)(2). The statute goes on to provide explicitly that “ [t]his paragraph shall preclude examination of the rental history of the housing accommodation prior to the four-year period preceding the filing of a complaint … ” Id.
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