Base Date for Second Overcharge Complaint Limited by Prior Decision

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. A final DHCR ruling in a separate case decided in 2016 decided all rent issues through that date. So the DRA correctly limited lookback review in this case to commence after Sept. 9, 2016. So, tenant's claims concerning unlawful rent increases prior to that date couldn't be considered in this case. And, contrary to tenant's claim, the apartment was never deregulated and remains subject to rent stabilization.

Gurevich: DHCR Adm. Rev. Docket No. IN410012RT (9/10/20) [5-pg. doc.]