Four-Year Rule Doesn't Apply to Rent-Controlled Apartment

Rent-controlled tenant complained of a rent overcharge in June 2008. The DRA ruled for tenant, finding that tenant's MCR was $275 as of Jan. 1, 2008. The DRA attached a copy of tenant's rent history dating back to Jan. 1, 1972, when the maximum base rent system began. Landlord appealed, and claimed that it was improper for the DRA to review the apartment's rent history before June 2004, which was four years before tenant filed her complaint. The DHCR ruled against landlord. The four-year rule for examining rent histories applies only to rent-stabilized apartments. Under rent control, there is no time limit. The DHCR can look at the apartment's entire rent history for the purpose of stating or establishing the apartment's MCR. The rent control law and regulations also limit the amount of refund for rent overcharge to two years instead of four years.

119 St. Marks Place: DHCR Adm. Rev. Docket No. WK420037RO (3/6/09) [3-pg. doc.]