78 79 YORK ASSOCIATES v. RAND (1999)

Order dated January 28, 1998 (Timmie Erin Elsner, J.) affirmed, with $10 costs.

Tenant's rent overcharge counterclaim, interposed in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of N.Y.) § 26-516(a).   Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action.   The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is challenging the amount of rent ($750) set forth in landlord's July 1992 registration statement (cf.  Zafra v. Pilkes, 245 A.D.2d 218, 666 N.Y.S.2d 633;  Theoharidou v. Newgarden, 176 Misc.2d 97, 673 N.Y.S.2d 813).   The rent registration statement in effect four years prior to the interposition of tenant's claim set forth a legal rent of $267.45.   Accordingly, tenant is entitled to recover any overcharges paid within four years of its October 1995 claim.

PER CURIAM.