74 Misc. 2d 1051 | N.Y. City Civ. Ct. | 1973
This, is an action tried on an agreed statement of facts. The plaintiff seeks to recover rent overcharges against the estate of the deceased landlord. The facts are that the plaintiff became a tenant of Apartment 2b in a multiple dwelling known as 30 West 76th Street, City and County of New York, on June 15, 1968 at á rental of $175 per month. The landlord was one Anna Frederick. She died on July 12, 1969. The plaintiff paid the rental of $175 from June 15, 1968 up to death of the landlord June 15, 1969. The plaintiff also paid the rental of $175 a month to the defendant estate of the landlord on July 15, 1969 and August 15, 1969. Only the 15-month rental payments from June 15, 1968 through August 15, 1969 are involved in this action for rent overcharge. During this period the apartment involved was subject to regulation and control pursuant to the New York City Rent and Rehabilitation Law (Administrative Code of the City of New York, eh. 51, tit. Y).
On January 27,1971 the Lower Manhattan District Rent Office issued an order establishing the maximum rent for the apartment in question as $53.66 effective as of April 1, 1968. The maximum rent was “ quoted as of July 31,1970 ” and was therefore the rent during the 15 months that the tenant was paying
The only issue to be decided by the court is whether this action is barred by the Statute of Limitations provided in section Y51-11.0 (subd. d, par. [2]) of the Administrative Code, as pleaded by the defendant.
This section states in pertinent part: “A tenant may bring an action against Ms landlord in any Court of competent jurisdiction for a violation of subdivision a of section Y51-10.0 within:
(a) two years from the date of occurrence of an overcharge, defined to mean the amount by which the consideration paid by a tenant to a landlord exceeds the applicable maximum rent, or
(b) within one year after the landlord fails to pay a refund as ordered by the city rent agency, such time to be calculated from thirty-three days after the date of the issuance of the order or when the order' becomes final, whichever is later ”.
The defendant contends that the language of the aforementioned section clearly limits any action for overcharges to a period of two years from the said overcharge. It states: “In other words a tenant may bring an action for rent overcharges at any time within one year of the city rent agency’s directive but such action cannot be for rent overcharge occurring more than two years from the date of the bringing of the action”-. Here defendant argues that no action may be maintained for rent overcharges prior to July 13,1969 wMch would be two years before the beginning of this action.
However, the language of the section is in the disjunctive. There is a two-year limitation “Or” an alternative one-year limitation. Clearly a tenant may bring a rent overcharge proceeding where such maximum rent is fixed, within two years, or it may institute administrative proceeding to establish the maximum rent and institute an action based upon the administrative order within one year thereafter. Defendants’ interpretation of