Rent Overcharge Case Reopened Based on Change in Lookback Period

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $597. Tenant appealed, and the case was reopened. The DRA had decided the overcharge claim before June 14, 2019, and applied a four-year lookback period. While tenant's PAR was pending, the Housing Stability and Tenant Protection Act (HSTPA) was enacted and changed the look-back period to six years, with possible additional lookback for all pending rent overcharge claims. So the March 20, 2013, base date applied in the DRA's decision was no longer accurate. The case was sent back to the DRA for a new determination of the apartment's legal regulated rent.

Perez/Rucal: DHCR Adm. Rev. Docket No. HQ210018RT (12/5/19) [2-pg. doc.]