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Four-Year Time Limit Does Not Apply To Tenant's Fair Market Rent Appeals

Posted by Mark Smith on October 26, 1999 at 21:40:56:

From the New York Law Journal, Wednesday, October 27th:

Rent-stabilized tenants brought an Article 78 proceeding to review a determination of the New York State Division of Housing and Community Renewal that held that petitioners' fair market rent appeal was time-barred by passage of the Rent Regulation Reform Act of 1997. At issue was whether the act's time limitation amendments applied to fair market rent appeals. Petitioners contended that they applied only to rent overcharge complaints. DHCR argued that the amendments contain an overall four-year limit, applicable to both. The court disagreed. It said in part that the fact that the Legislature amended Rent Stabilization Law 26-516 (dealing with overcharge) and not 26-513 (dealing with fair market rent appeals) was the clearest expression of its intent to limit the amendments to overcharges. The DHCR order was annulled and the matter remitted. Matter of Kempner v. New York State Division of Housing and Community Renewal, New York, Supreme Court, IA Part 37, Justice McCooe.

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