Overcharge Complaint Converted to Fair Market Rent Appeal

Tenant complained of a rent overcharge. Tenant had moved into the apartment in 1985 and noted in her complaint that she was the first rent-stabilized tenant. The DRA converted tenant's complaint into a fair market rent appeal. The DRA ruled for tenant, finding that the first stabilized rent charged was greater than the fair market rent. Landlord appealed, claiming that it hadn't received proper notice that tenant's complaint was being treated as a fair market rent appeal. The DHCR ruled against landlord. Landlord had more than sufficient notice of the status of tenant's complaint, even if the docket number wasn't changed to reflect technically that the case was now a fair market rent appeal.

Gam: DHCR Admin. Rev. Dckt. No. EE410015RO (3/19/96) [5-page document]