Rent Overcharge Claim Reopened

February 20, 2020

LVT Number: #30636

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in June 2018, finding a small overcharge of $171 including interest. Tenant appealed in July 2018. In December 2019, the DHCR reopened the case. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the rent stabilization law to extend the base date for rent overcharge claims to six or more years. This change in the law applied to pending overcharge PAR proceedings. So, the DRA's ruling that the base date was Jan. 17, 2013, under the four-year rule was no longer accurate.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in June 2018, finding a small overcharge of $171 including interest. Tenant appealed in July 2018. In December 2019, the DHCR reopened the case. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the rent stabilization law to extend the base date for rent overcharge claims to six or more years. This change in the law applied to pending overcharge PAR proceedings. So, the DRA's ruling that the base date was Jan. 17, 2013, under the four-year rule was no longer accurate. The case was sent back to the DRA for a new determination of the apartment's legal regulated rent on the applicable base date.

Ford: DHCR Adm. Rev. Docket No. GS410046RT (12/3/19) [2-pg. doc.]

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