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MATTER OF BRINCKERHOFF v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

275 A.D.2d 622 (2000)

713 N.Y.S.2d 56

In the Matter of MATTHEW BRINCKERHOFF et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 14, 2000.

The four-year Statute of Limitations applicable to both administrative and judicial rent overcharge claims (Rent Stabilization Law [Administrative Code of City of NY] § 26-516 [a] [2]; CPLR 213-a), by its terms, commences to run with the "first overcharge alleged". Since the first overcharge alleged by petitioners occurred on August 1, 1984, and their overcharge proceeding before DHCR was not commenced until April 6, 1989, the proceeding was time-barred (see, Bragston...

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