Incorrect Prior Rent Listed in Lease Rider

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered an $8,500 refund. Landlord appealed, claiming that tenant's complaint hadn't been made on time. The DHCR ruled against landlord. Landlord supplied incorrect information about prior tenant's rent in current tenant's initial lease rider. So tenant couldn't make an informed decision within 90 days of receipt of the April 1, 1984 registration. Landlord didn't give tenant a corrected lease rider until August 1985. Tenant filed her complaint within 90 days of receiving the corrected lease rider. Under these circumstances, tenant's 1985 complaint should be treated as a timely objection to landlord's 1984 rent registration. And even under the Rent Regulation Reform Act of 1997, tenant's 1985 complaint permitted review of rent history records back to 1981 and the resulting overcharge finding was the same.

Forest Towers Co., LLC: DHCR Adm. Rev. Dckt. No. JB110160RO (1/23/98) [3-page document]