Six-Year Look-Back Period Applied to Pending PAR

Rent-stabilized Yonkers tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, finding no overcharge since the four-year base rent date. Tenant appealed, and the DHCR reopened the case. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the ETPA to extend the four-year statute of limitations for overcharge claims to six or more years, and this change applied to pending PAR proceedings. So the case was reopened and sent back to the DRA for a new determination of whether there was any rent overcharge.

Faulknor: DHCR Adm. Rev. Docket No. HN910032RT (12/12/19) [2-pg. doc.]