No Time Limit on DHCR Review of Tenant's Rent History

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and stated that the MCR was $1,668 as of Feb. 1, 2008. The DRA attached a computer printout to its order showing tenant's rent history from November 1974. Landlord appealed, arguing that the DRA erred by reviewing 20-year-old rent history records. The DHCR ruled against landlord. Under rent control, an overcharge finding is limited to any rent increases collected during the two years before tenant's complaint is filed. But there is no limit under rent control as to how far back the DHCR can go to review the apartment's rent history in order to establish the MCR.

NIV Realty LLC: DHCR Adm. Rev. Docket No. XC420049RO (8/5/09) [2-pg. doc.]