Initial Rent Charged More than Four Years Before Tenant Complained

Tenant filed a fair market rent appeal. The DRA dismissed the complaint because it was filed more than four years after tenant moved into the apartment and more than 90 days after tenant got the RR-1 form. Tenant appealed and lost. It didn't matter whether tenant filed the fair market rent appeal within 90 days of getting the RR-1 form because the complaint was filed more than four years after tenant moved in. The base rent at the time of tenant's complaint is the rent charged four years earlier. So there is no grounds for a challenge to the rent.

Moshari: DHCR Adm. Rev. Dckt. No. MC410103RT (1/12/01) [2-pg. doc.]