Illegal Kitchen Installation Claim Made Too Late

December 1, 2003

LVT Number: 17003

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. Among other things, tenant claimed that landlord illegally installed an unventilated kitchen in the apartment before 1981 and then improperly charged a free market rent to prior tenant. The DHCR ruled against tenant. The kitchen installation didn't bar landlord from setting a free market vacancy rent when prior tenant moved into the apartment.

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. Among other things, tenant claimed that landlord illegally installed an unventilated kitchen in the apartment before 1981 and then improperly charged a free market rent to prior tenant. The DHCR ruled against tenant. The kitchen installation didn't bar landlord from setting a free market vacancy rent when prior tenant moved into the apartment. And because tenant filed her rent overcharge complaint in December 1994, she could no longer raise the issue of an illegal kitchen installation prior to 1981.

Feeney: DHCR Adm. Rev. Dckt. No. RF440025RP (11/7/03) [3-pg. doc.]

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