Opinion
April 19, 1999
Appeal from the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.).
Amsterdam Lewinter, New York City ( Mark Lewinter and Charles J. Seigel of counsel), and Pennisi, Daniels Norelli, L. L. P., Baldwin ( Karen Schwartz-Sidrane and Sherrie Taylor of counsel), for appellant.
Jeffrey S. Ween Associates, New York City ( Jeffrey S. Ween of counsel), for respondent.
Marcia P. Hirsch, New York City ( Martin B. Schneider of counsel), for New York State Division of Housing Community Renewal, amicus curiae.
Order dated January 28, 1998 affirmed, with $10 costs.
Tenant's rent overcharge counterclaim, interposed 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 A.D.2d 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.