Tenant Can't Challenge 1985 Registration

Tenant complained of a rent overcharge. The DRA ruled for tenant. The overcharge resulted solely from a rent freeze due to landlord's failure to file an initial RR-1 rent registration form in 1985. The rent was restored prospectively, effective March 1, 1995, when landlord filed and sent the RR-1 form. Landlord appealed, claiming that there was no overcharge and that he'd properly filed a late registration. The DHCR ruled for landlord because, under the Rent Regulation Reform Act of 1997, the base date for tenant's complaint was May 8, 1986, four years prior to the filing of the complaint on May 8, 1990. Whether landlord filed an RR-1 prior to May 8, 1986, can no longer be examined. So the DRA couldn't freeze the rent and order a rent overcharge.

Aber/Weinreb: DHCR Adm. Rev. Dckt. Nos. JI410120RT, JI410237RO (9/12/97) [2-page document]