In 277 Enters., LLC v. Lebron (17 Misc 3d 67, 847 N.Y.S.2d 325 [App Term, 2d Dept 2007]), the Appellate Term granted the tenant dismissal of the landlord's nonpayment proceeding and upheld an underlying DHCR overcharge award that cancelled out any unpaid rent (id. at 69).
In so doing, the Appellate Term examined "rent records that are more than four years old" (id. at 69).
Clermont quotes the reasoning that the Appellate Term used to justify its decision to look back past the four-year limit outlined in CPLR 213-a:
"the examination was necessary for the proper enforcement of the DHCR award and is permissible because the rent records are not being examined for the purpose of determining the legal regulated rent or for the purpose of calculating an overcharge, but for the purpose of determining whether the DHCR award had been satisfied" (id. 69-70).