What is the limitation on an excessive rent claim?

The rent stabilization ordinance "permits a landlord to impose a 'maximum adjusted rent' during a given perioddetermined by a baseline 'maximum rent' for a preceding period and an allowable adjustment, which is ordinarily a percentage of the baseline 'maximum rent.' " (Carter v. Cohen (2010) 188 Cal.App.4th 1038, 1044.) The ordinance makes it unlawful "to demand, accept or retain more than the maximum adjusted rent permitted" by the ordinance or regulations adopted pursuant to the ordinance. ( 151.04, subd. A.) The ordinance obliges landlords to register rental units, and provides that "after April 30, 1983, no landlord shall demand or accept rent for a rental unit without first serving a copy of a valid registration or annual registration renewal statement on the tenant of that rental unit." ( 151.05, subd. A.) The rent stabilization ordinance also provides remedies for demanding or accepting excessive rent, including treble damages, plus attorney fees and costs. ( 151.10, subd. A.)³

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Defendant contends a three-year statute of limitations applies to plaintiff's excessive rent claim (Code Civ. Proc., 338, subd. (a)), and a one-year statute applies to the penalty trebling the damages (Code Civ. Proc., 340, subd. (a)). Since the excessive rent claim is for rents paid in 2011 and 2012, the claims would be barred unless the discovery rule applies. The discovery rule "postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action." (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 397.)