Tenant Checked Wrong Box

Tenant complained of a rent overcharge. The DRA processed tenant's complaint as a fair market rent appeal and ruled for tenant. Landlord appealed, claiming that in a prior order the DRA had found no overcharge. In the prior case, tenant had challenged the initial legal registered rent on landlord's April 1, 1984, RR-1 form on time. The DHCR ruled for landlord. Since tenant had already filed a complaint against the initial registered rent, the initial legal registered rent was no longer subject to another rent challenge. In addition, the DRA was wrong to process tenant's complaint as a fair market rent appeal. Tenant didn't check the box on the complaint form that stated ''This is a fair market rent appeal.'' Instead, tenant marked the box next to the statement ''This is an overcharge or isn't the legal rent.''

R&H Realty Mgmt. Co.: DHCR Adm. Rev. Dckt. No. EC210324RO (12/16/97) [2-page document]