Danielle Friscia

On June 25, 2009, in Danielle Friscia, DHCR Adm. Rev. Dckt. No. XB-420005-RT (administrative ruling), Kucker Marino Winiarsky & Bittens, LLP was successful in persuading the New York State Division of Housing and Community Renewal (DHCR) to decline to apply the holding of the court decision in Thornton v. Baron. In Danielle Friscia, the DHCR ruled in favor of the landlord, and in doing so distinguished the court decision in Thornton v. Baron. The DHCR concluded that the “4 year look-back period” in rent overcharge cases was only extended in Thornton where the landlord admitted that fraudulent conduct occurred both prior to and during the 4 year period, and that expansion of that 4 year period will not occur where the landlord disputes that any such fraud occurred and where there is no evidence of fraud in the record). Comment: This is a significant limitation on the impact of the Thornton decision, which until now has been cited on a near-continual basis by tenants in an effort to bypass the 4-year rule in rent overcharge matters.