Four-Year Rule Applied to Overcharge Claim

January 1, 2011

LVT Number: #23126

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant's complaint was filed on Nov. 9, 2009. So the base date for calculating any rent overcharge was four years earlier, on Nov. 9, 2005, under Rent Stabilization Code Section 2526.1(a)(2)(ii). Tenant claimed that the rent charged on June 30, 2004, was unlawful, but the DHCR couldn't consider new issues raised for the first time on appeal.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant's complaint was filed on Nov. 9, 2009. So the base date for calculating any rent overcharge was four years earlier, on Nov. 9, 2005, under Rent Stabilization Code Section 2526.1(a)(2)(ii). Tenant claimed that the rent charged on June 30, 2004, was unlawful, but the DHCR couldn't consider new issues raised for the first time on appeal.

Prowse: DHCR Adm. Rev. Docket No. YH110035RT (11/24/10) [2-pg. doc.]

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