Opinion
No. 570272/11.
2012-08-16
Harold T. ELKINS, Plaintiff–Appellant, v. ROME GROUP, LLC, Sky Management Corp. and Benjamin Shalom, Defendants–Respondents.
Plaintiff, as limited by his briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Ann E. O'Shea, J.), entered June 1, 2011, as denied his motion for summary judgment and granted defendants' cross motion for summary judgment dismissing the complaint.
Present LOWE, III, P.J., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (Ann E. O'Shea, J.), entered June 1, 2011, affirmed, with $10 costs.
Inasmuch as plaintiff-tenant failed to allege or demonstrate that any overcharge occurred after March 13, 2005, this action commenced on March 13, 2007 is time-barred pursuant to the Rent Control Law's two-year statute of limitations for rent overcharge claims ( see New York City Rent Control Law [Administrative Code of City of NY] § 26–412[d][2][a]; see Matter of Hicks v. New York State Div. of Hous. & Community Renewal, 75 AD3d 127, 132–133 [2010] ).
Plaintiff's current reliance upon the one-year statute of limitations set forth in Rent Control Law [Administrative Code of City of NY] § 26–413[d][2] [b] ) is both unpreserved and without merit. The cited provision applies only when “landlord fails to pay a refund as ordered by the [DHCR].” Since the DHCR order at issue merely set forth the maximum collectible rent for the apartment premises, but did not direct defendant-landlord to refund any overcharge, section 26–413[d][2][b] is inapplicable ( see Mejia v. Dorglad Realty Corp., 85 Misc.2d 192, 194–195 [1976] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.