Four-Year Rule Applies to Overcharge Claim

Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed his complaint. The legal rent for the apartment in 2003, four years before tenant filed his complaint, and a year before tenant moved in, was $2,000. So tenant’s apartment was vacancy deregulated and tenant wasn’t subject to rent stabilization. Tenant appealed, claiming that his complaint shouldn’t be treated as an overcharge complaint subject to the four-year look-back period. His complaint really sought to determine the rent-regulated status of his apartment, and there should be no base rent date limitation. The DHCR ruled against tenant. Rent Stabilization Code Section 2526.1 states that if the question is whether high rent has removed an apartment from rent stabilization, the DHCR can’t examine the rent history prior to the four years before tenant filed his complaint.

Nelson: DHCR Adm. Rev. Docket No. WB410039RT (12/16/08) [2-pg. doc.]