Tenant Filed Challenge More than Four Years After Apartment Decontrolled

Tenant filed a fair market rent appeal, challenging the apartment's first stabilized rent. The DRA ruled against tenant, and tenant appealed. The DHCR again ruled against tenant. Tenant moved into the apartment on May 1, 1993, and was the first stabilized tenant. She didn't file her fair market rent appeal until June 20, 2000, well beyond the four-year limit for rent challenges under the Rent Registration Reform Act of 1997 and Rent Stabilization Code Section 2522.3. Several appeals courts have already ruled that the four-year limit applies to fair market rent appeals, as well as rent overcharge complaints.

Nives/McGuire: DHCR Admin. Rev. Dckt. Nos. PD410049RT and OD410072RT (11/30/01) [4-pg. doc.]