I understand that pursuant to NY Practice Rules on Statutes of Limitations with respect to debt collection in NY, that the period is 6 years from the date of last payment (Article 2-213). I have also read, however, that the tolling calculation in certain instances requires tacking on another 6 months to that date. Does anyone know if that's the case in NY or is the date of last payment the date the 6 year period begins to toll?

On a related question, the NY statute (Article 2-213-a) also states that the Statute of Limitations is 4 years for "residential rent overcharge." My issue concerns the non-payment of rent in NY. Does anyone one specifically what "residential rent overcharge" relates to?

Thanks in advance.

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Originally Posted by Fretless

I understand that pursuant to NY Practice Rules on Statutes of Limitations with respect to debt collection in NY, that the period is 6 years from the date of last payment (Article 2-213). I have also read, however, that the tolling calculation in certain instances requires tacking on another 6 months to that date. Does anyone know if that's the case in NY or is the date of last payment the date the 6 year period begins to toll?

On a related question, the NY statute (Article 2-213-a) also states that the Statute of Limitations is 4 years for "residential rent overcharge." My issue concerns the non-payment of rent in NY. Does anyone one specifically what "residential rent overcharge" relates to?

Thanks in advance.

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In NY the Statute for debt is 6 years from last activity on the account - payment or charge, not just payment. I own a process service company and have never seen an extension. Such a thing may exist but I have never seen it and I can't find any law.

I believe residential rent overcharge refers to partially subsidized housing when the landlord takes more from the tenant than he/she is entitled to take by law. In NYC I believe it also refers to rent controlled units - where the landlord charges more than he/she is entitled to charge.

Thanks, Judy. I assumed that the subsection that concerned rental overcharge was not relevant to a landlord suing for failure to pay rent by a tenant - but more for a tenant's action against a landlord.

Also, do you know - when you say "payment or charge" - with respect to a "charge" is that related to credit card charges? I would presume that even if rent was due under a lease, yet not paid, that due amount would not constitute a "charge." I would assume that the last day rent was actually paid would begin the tolling of the statute.

Thanks