DHCR Decision Limited to Rent Registration Issue Specifically Raised in Complaint

Tenant complaint of rent overcharge in 2014 and claimed specifically that his apartment hadn’t been registered with the DHCR since 1986. The DRA ruled against tenant, who appealed and lost. Landlord made retroactive rent registration filings in 2014 while tenant’s complaint was pending. Tenant now claimed that the default formula should have been applied to find a rent overcharge. But the DRA reasonably limited consideration of the complaint that landlord had failed to register the apartment. Tenant didn’t state in his complaint that landlord had collected a rent overcharge. Tenant can file a new rent overcharge complaint to make additional claims.

Guaman: DHCR Adm. Rev. Docket No. ET210036RT (2/13/17) [2-pg. doc.]