In the arena of rent stabilization housing, nothing is more contentious than the record-keeping requirements and the penalties for a landlord’s inability to prove the rent it is entitled to collect. The statutes have changed several times, and court decisions continue to modify landlords’ obligations. Twenty-six years ago, a four-year limitation was enacted, creating a “four year rule.” It barred rent overcharge complaints after four years and released landlords of the obligation to retain rent records after four years.
This article delves into exceptions to the four-year rule involving deregulation of an apartment, particularly under “high rent deregulation,” and its effect on the rent that a landlord is able to charge. A high rent deregulation dispute creates a direct conflict between the analysis of an apartment’s legal status and the limited record-keeping requirements for a rent overcharge complaint.
Evidentiary Requirements
