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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grimm v. State, 15 N.Y.3d 358 (2010)

Citation
Grimm v. State, 15 N.Y.3d 358 (2010)
Parent Document
Grimm v. State, 15 N.Y.3d 358 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-19

Full Text

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The RRRA “clarified and reinforced the four-year statute of limitations applicable to rent overcharge claims ... by limiting examination of the rental history of housing accommodations prior to the four-year period preceding the filing of an overcharge complaint” (Thornton, 5 NY3d at 180, citing Matter of Gilman v New York State Div. of Hous. & Community Renewal, 99 NY2d 144, 149 [2002]; see also Matter of Cintron v Calogero, 15 NY3d 347 [2010] [decided today]; Governor’s Approval Mem, Bill Jacket, L 1997, ch 116). To effectuate the purpose of the four-year limitations period, in rent overcharge cases DHCR regulations, as relevant here, set the “legal regulated rent” as the rent charged on the “base date,” which is the “date four years prior to the date of the filing of [the overcharge] complaint” plus any subsequent lawful increases (9 NYCRR 2520.6 [e], [f] [1]; 2526.1 [a] [3] [i]).