Four-Year Time Limit Applies to Comparable Rent

(Decision submitted by Pamela A. Koplik and Blaine Z. Schwadel of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent for his apartment was greater than the fair market rent. The DRA ruled for tenant and ordered a refund of $27,000. Landlord appealed, claiming that it shouldn't have to prove that the initial registrations for rents submitted as comparables were properly sent if those rents had been registered initially more than four years earlier. The DHCR ruled for landlord on this issue. Under the Rent Regulation Reform Act of 1997, if the amount of rent stated in the annual rent registration filed four years prior to the most recent registration isn't challenged within four years, the rent can't be challenged after that. This rule applies to rents submitted for comparability purposes in fair market rent appeals.

Westman Realty Co./Lichtenson: DHCR Adm. Rev. Dckt. No. MJ410013RP (12/23/98) [6-pg. doc.]