The 'Lucas' Decision and the 'Four Year Rule'

David S. Hershey-Webb and William J. Gribben, partners at Himmelstein, McConnell, Gribben, Donoghue & Joseph, analyze a decision where the Appellate Division, First Department, rejected the "Four Year Rule" under which legal regulated rents (and overcharges) are calculated based upon the rent that was being charged on the "base date" defined as four years prior to a tenant filing a complaint or raising a defense of rent overcharge.

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