DHCR Can't Consider Old Rent Reduction Order

November 1, 2003

LVT Number: 16945

(Decision submitted by Patrick Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's decision was unreasonable. The DHCR based the overcharge finding on a rent reduction order that was issued more than four years before tenant filed his overcharge complaint. The court ruled against landlord. Landlord appealed again and won. The DHCR can't consider rent history events occurring more than four years before tenant complained of a rent overcharge.

(Decision submitted by Patrick Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's decision was unreasonable. The DHCR based the overcharge finding on a rent reduction order that was issued more than four years before tenant filed his overcharge complaint. The court ruled against landlord. Landlord appealed again and won. The DHCR can't consider rent history events occurring more than four years before tenant complained of a rent overcharge. The rent reduction order didn't become reviewable simply because landlord filed an application to restore rent within the four-year period before tenant's overcharge complaint was filed.

Highlawn Assocs. v. DHCR: NYLJ, 10/14/03, p. 32, col. 1 (App. Div. 2 Dept.; Florio, JP, Feuerstein, Crane, Rivera, JJ)

Topics

More like this