No Limit on Look-Back Period for Rent History Under Rent Control

March 7, 2007

LVT Number: 19371

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and found that his legal rent was $164 per month. Landlord appealed and lost. Landlord pointed out that there was a two-year limit on overcharge complaints under rent control, and argued that the DRA had improperly calculated tenant's rent by looking back more than two years. The DHCR ruled that under rent control, tenant can collect an overcharge refund only for a period of two years prior to filing his complaint.

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and found that his legal rent was $164 per month. Landlord appealed and lost. Landlord pointed out that there was a two-year limit on overcharge complaints under rent control, and argued that the DRA had improperly calculated tenant's rent by looking back more than two years. The DHCR ruled that under rent control, tenant can collect an overcharge refund only for a period of two years prior to filing his complaint. But there is no rent control law or regulation limiting the number of years back the DHCR can look to calculate tenant's legal rent. The DRA had correctly determined tenant's legal rent.

Lau: DHCR Adm. Rev. Docket No. TH420024RO (11/15/06) [3-pg. doc.]

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