Overcharge Finding Based on 2002 Rent Reduction Order Goes Back Only Four Years

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including interest. The overcharge finding was based on a 2002 rent reduction order that had remained in effect until Feb. 1, 2015. So tenant's rent was frozen at $700 per month until the rent was restored. Tenant appealed and lost. Tenant claimed that the overcharge refund should go back to 2002 when the rent reduction order went into effect. But the rent overcharge award was limited to four years before tenant filed his complaint. This was true even when the DRA properly pierced the standard four-year review period to determine the merits of the overcharge case. Landlord also had restored the rent overcharge to tenant within the time to answer the complaint. So, landlord didn't have to pay triple damages to tenant.

Elliston/Grant: DHCR Adm. Rev. Docket No. GR610037RT (4/25/19) [3-pg. doc.]