Amount of Overcharge Limited to Past Four Years

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,350 to tenant. Landlord appealed, claiming that the amendment of the Rent Stabilization Law by the Rent Regulation Reform Act of 1997 limited the amount of the rent overcharge more than had been done by the DRA. The DHCR ruled for landlord. Tenant filed his overcharge complaint on Dec. 9, 1994. So the base date for review of the apartment's rent history was Dec. 9, 1990, and issues concerning a rent increase for individual apartment improvements made prior to that date couldn't be considered. Under prior law, the base date would have been April 1, 1990. The total rent overcharge was reduced to $240.

25th Realty Assocs.: DHCR Adm. Rev. Dckt. No. LE410025RO (11/21/97) [3-page document]