Four-Year Rule Applies to Overcharge Claim

Tenant complained of a rent overcharge in 2008. He moved into the apartment in 2001 at a monthly rent of $3,000. The DRA ruled against tenant, finding that the apartment was exempt on the 2004 base date since the legal rent was over $2,000. Tenant appealed. He said that the apartment was rent controlled until 1999. The last prior rent in 2001 before he moved in was $1,515. Tenant claimed that the four-year rule shouldn't apply because there might have been fraud and because the question was whether the apartment was subject to rent regulation. The DHCR ruled against tenant. Tenant didn't demonstrate that there was any fraud, so there was no reason to disregard the four-year rule. And the four-year rule did apply, under Rent Stabilization Code Section 2526.1(a)(2)(ii), to the question of whether the apartment was exempt from regulation by virtue of a high-rent vacancy exemption.

Sanchez: DHCR Adm. Rev. Docket No. XC410027RT (9/1/09) [2-pg. doc.]