Tenant Can't Challenge Rent Increase Collected Before Four-Year Base Date

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant argued that the apartment’s rent was illegally doubled during a vacancy that occurred some time before the base rent date. But landlord documented the rent in effect four years before tenant filed her complaint. This was the legal base date rent, and tenant’s rent wasn’t increased unlawfully since then. Any exceptions to the four-year rule didn’t apply in this case, and the “four-year” rent is automatically deemed legal. Landlord also pointed out that tenant had paid no rent since 2014. 

Robertson: DHCR Adm. Rev. Docket No. EP210020RT (10/26/16) [2-pg. doc.]