Base Date for Overcharge Claim

Tenant complaint of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant's complaint was filed on Dec. 1, 2006, exactly four years after tenant moved into the apartment. Tenant appealed, claiming that he filed his complaint on Nov. 30, 2006. So the base rent for calculating any rent overcharge was the prior tenant's November 2006 rent. The DHCR ruled against tenant. Tenant posted his complaint via United Parcel Service on Nov. 30, 2006. But the DHCR received tenant's complaint on Dec. 1, 2006. The filing date of tenant's complaint was the date that the DHCR received the complaint, not the date that it was posted. Tenant's initial rent was the base rent, and there was no overcharge upon renewal of his lease.

Berman: DHCR Adm. Rev. Docket No. VF610026RT (10/30/07) [3-pg. doc.]