MCI Order Was Issued Before Base Rent Date

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord incorrectly applied an MCI rent increase to tenant's apartment, and ordered landlord to refund $17,441, including interest. Landlord appealed and won. Although the DRA correctly noted that rental events occurring before the base rent date weren't subject to challenge, he incorrectly considered an MCI order dated June 28, 2011, and its effect on the rent, because the order was issued before the base date. While the Rent Stabilization Code provides for some exceptions to the four-year rule, none of those exceptions applied to the facts of this case.

241 Central Park West, LLC: DHCR Adm. Rev. Docket No. FR410051RO (4/27/18) [2-pg. doc.]