DHCR Improperly Extended Four-Year Time Limit

Tenant complained of a rent overcharge. The DRA ruled against tenant because the apartment was vacant on the base date four years before tenant's complaint was filed, and the first rent after that was over $2,000. Tenant appealed, claiming that the base date was earlier because she had raised rent overcharge as a defense to landlord's nonpayment case. The DHCR ruled for tenant and found an overcharge. The apartment wasn't vacant on the earlier base date. The DHCR ordered landlord to refund $15,000. Landlord appealed. Tenant had filed his DHCR complaint while the nonpayment case was pending in court. Both landlord and tenant had agreed to discontinue the court case. Landlord argued that its knowledge of tenant's discontinued court claim didn't change the four year base date in the DHCR case. The court ruled for landlord and sent the case back to the DHCR for reconsideration. The DHCR improperly extended the four-year time limit for review of tenant's rent overcharge complaint.

41 West 72nd LLC v. DHCR: NYLJ, 8/4/04, p. 19, col. 1 (Sup. Ct. NY; Cahn, J)