Rent Overcharge Finding Revoked

Tenant complained of rent overcharge. The DRA ruled for tenant on Feb. 17, 2016. Landlord appealed and won. Landlord pointed out that on Nov. 1, 2016, the DRA issued an order finding that the building had been substantially rehabilitated and therefore was exempt from rent stabilization. That ruling was final since no appeal was filed. The ruling that the apartment was exempt from stabilization also was retroactive to the date that the work was completed in February 2009. The building became exempt from rent regulation when the work was completed even if an owner filed an application with the DHCR years later or the DHCR decided an application years later. Therefore, the rent overcharge finding was revoked since the building was exempt from rent stabilization at the time the DRA's order was issued.

Zackmaxie LLC: DHCR Adm. Rev. Docket No. EO210008RO (6/1/18) [2-pg. doc.]