Four Year Rule Bars Consideration of Prior Tenant's Rent

Tenant complained of a rent overcharge. He claimed that landlord raised his rent from $1,900 to $2,120 upon lease renewal in December 2003. The DRA ruled for tenant, finding an overcharge on that renewal lease. The DRA also found that tenant was overcharged when he first moved into the apartment. Landlord appealed, claiming that the DRA violated the four-year rule. The DHCR ruled for landlord. Tenant filed his complaint on Feb. 11, 2004. So the base date was Feb. 11, 2000. Tenant moved into the apartment on Dec. 1, 2001. So the four year rule barred consideration of prior tenant's rent.

Vermilion Bldg. Corp.: DHCR Adm. Rev. Dckt. No. SF910004RO (9/29/04) [2-pg. doc.]