Four-Year Rule Applied

August 31, 1997

LVT Number: 11790

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord and revoked the overcharge finding. Tenant appealed. The court and the appeals court ruled against tenant. The DHCR found that the DRA should have limited the review of the apartment's rent history to the four years prior to the most recent annual registration statement. The DHCR's ruling was reasonable and wasn't arbitrary or capricious.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord and revoked the overcharge finding. Tenant appealed. The court and the appeals court ruled against tenant. The DHCR found that the DRA should have limited the review of the apartment's rent history to the four years prior to the most recent annual registration statement. The DHCR's ruling was reasonable and wasn't arbitrary or capricious.

Frage v. Aponte: NYLJ, p. 25, col. 5 (8/14/97) (App. Div. 2 Dept.; O'Brien, JP, Sullivan, Goldstein, Luciano, JJ)

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