Complaint Filed More than Four Years After Vacancy

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding an overcharge of $1,500 with interest. Tenant appealed, claiming that his complaint should have been treated as a fair market rent appeal. And because landlord never filed an initial apartment registration, tenant's rent should have been frozen at the prior rent-controlled rent. The DHCR ruled against tenant. Tenant's apartment became rent stabilized because of a vacancy that had occurred more than four years before tenant filed his complaint. Even if landlord never served an RR-1 form on tenant or the first stabilized tenant, tenant can't file a fair market rent appeal more than four years after the vacancy that caused the apartment to become rent stabilized.

Chazy: DHCR Adm. Rev. Dckt. No. RH410012RP (10/6/03) [4-pg. doc.]