DRA Improperly Reopened Case

Tenant complained of a rent overcharge in 1991. In 1996, the DRA closed the case because tenant had moved out and the DRA couldn't get information needed to process the case. In 2000, the DRA reopened the case based on a pending complaint of a later tenant. The DRA told landlord to submit rent records from a base date in 1987. Landlord objected. The DRA ruled against landlord and set the legal regulated rent for the apartment without awarding tenant any overcharge. The DRA claimed that it had improperly terminated the prior case because there was also the pending complaint by the later tenant. Landlord appealed. The DHCR ruled for landlord. It wasn't necessary to reopen prior tenant's overcharge complaint to rule on later tenant's complaint, and the prior case shouldn't have been reopened.

45-35 44th Assocs., LLC: DHCR Adm. Rev. Dckt. No. PF110075RO (8/30/01) [2-pg. doc.]