Prior Court Proceeding Didn't Resolve Overcharge Claim

Tenants complained of a rent overcharge. The DRA ruled against tenants, finding that tenants' legal rent was determined in a prior housing court case. Tenants appealed, claiming that this was incorrect. The DHCR ruled for tenants and reopened the overcharge complaint. Tenants had lived in the apartment without a lease and paid landlord $1,800 per month. Landlord claimed that they were squatters and started an eviction proceeding in 2005. The court ruled that tenants were rent stabilized. Tenants then filed a lease violation complaint with the DHCR. In that case, the DRA ordered landlord to give tenants a lease at $1,800 per month because that was the rent they were paying. However, there was no ruling in either of these cases about what the legal rent for the apartment was. The case was sent back the DRA so that landlord could submit a rent history for the four-year look-back period.

Jakich: DHCR Adm. Rev. Docket No. VB410047RT (4/12/07) [2-pg. doc.]