Four-Year Rule Applied

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that there was an overcharge, with interest, of $10,000. Landlord appealed, claiming that the DRA incorrectly used April 1, 1984, as the base date and didn't apply the four-year time limit. The DHCR ruled for landlord. Tenant's complaint was filed in 1990, so the base date was in 1986. The DHCR also recalculated the apartment rent history to permit a deemed lease for one period when landlord collected a lawful rent increase without a lease, and tenant didn't complain. The total overcharge was reduced to $3,700.

Yacoub: DHCR Adm. Rev. Dckt. No. HB910139RO (9/21/99) [4-pg. doc.]