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TenantNet Forum Archives 1996-2002
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Article 78 and Rent Law of 1997

Posted by C. Edwards on October 22, 2000 at 19:38:59:

Just curious if anyone out there has had any experience taking on the DHCR in an Article 78 proceeding in State Supreme Court - especially in regards to challenging the four year landlord 'statute of limitations' enacted in 1997. This is a situation where the (rent stabilized) tenant is using the argument that the landlord never provided a legal lease (having first set up an illusory sublease and overcharging the tenant). Therefore, the tenant maintains that the landlord and DHCR should be required to establish a rent based on the last legal registered listing for the apartment - which requires going back four and a half years.

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