Four-Year Limit Applies to Overcharge Claim for Parking Space

Tenant complained of a rent overcharge, claiming that landlord charged too much for a rent-stabilized parking space. The DRA ruled for tenant and ordered a refund. Tenant appealed, claiming that the overcharge was greater. Tenant argued that he had been charged since he first rented the parking space at the time of his vacancy lease. The DHCR ruled against tenant. In determining a rent overcharge, the DRA can't examine rent records that date back more than four years from the filing date of tenant's complaint. Tenant moved into the apartment and started paying rent for his parking space more than four years before he filed his complaint, so his vacancy rent wasn't subject to an overcharge claim.

Epps: DHCR Adm. Rev. Docket No. VL610005RT (3/14/08) [2-pg. doc.]