Tenant Didn't Complain About Overcharge

Tenant filed an objection to his 1984 initial registered rent. Tenant claimed he wasn't given a lease when he moved into the apartment in 1981. He stated that he paid a monthly rent of $900 and that he didn't receive a copy of the RR-1. Landlord showed that it had sent the RR-1 and claimed that the apartment was exempt from rent stabilization based on tenant's illegal use for professional purposes. The DRA ruled against tenant and terminated the case. The lease issue had been resolved in court. Tenant appealed and claimed a rent overcharge. The DHCR ruled against tenant. Tenant objected to the 1984 rent registration, based on the fact that he didn't have a written lease. Tenant didn't check the box in the objection to registration form indicating he was filing a rent overcharge complaint. Tenant can't raise this issue for the first time on appeal.

Stein: DHCR Adm. Rev. Dckt. No. CA410041RT (12/19/95) [2-page document]