Legal Base Rent Subject to Four-Year, Not Six-Year, Lookback

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding that the base date was Aug. 8, 2011, which was six years before tenant filed the complaint. After the base date, tenant paid a preferential rent that was lower than the legal regulated rent. But the legal regulated rent as of Oct. 1, 2013, was $1,604, not the $1,997 claimed by landlord. Landlord appealed and won in part. The DRA incorrectly determined the base date since the six-year HSTPA lookback period couldn't be applied retroactively to tenant's complaint, according to the 2020 court decision in Regina Metropolitan v. DHCR. The legal base rent was $1,697.

Beach Haven Apartments Associates LLC: DHCR Adm. Rev. Docket No. IN210031RO (9/29/20) [2-pg. doc.]