DHCR Used Correct Base Date Rent

December 1, 2001

LVT Number: 15462

Tenant complained of a rent overcharge. The DHCR ruled against tenant, and she appealed. The court and appeals court ruled against tenant. The DHCR had ruled that tenant's first rent was the base rent. Tenant claimed that this was incorrect. But there were no rent records for the date four years before tenant's complaint was filed. And the Rent Stabilization Law's four-year rule barred review of any rent records from before that date.

Tenant complained of a rent overcharge. The DHCR ruled against tenant, and she appealed. The court and appeals court ruled against tenant. The DHCR had ruled that tenant's first rent was the base rent. Tenant claimed that this was incorrect. But there were no rent records for the date four years before tenant's complaint was filed. And the Rent Stabilization Law's four-year rule barred review of any rent records from before that date.

Payne v. DHCR: NYLJ, 11/1/01, p. 19, col. 3 (App. Div.1 Dept.; Nardelli, JP, Andrias, Lerner, Saxe, Marlow, JJ)

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