Tenant Used Wrong Form to File Overcharge Complaint

October 13, 2013

LVT Number: #25083

Rent-stabilized tenant complained to the DHCR that the rent listed in her renewal lease was incorrect and that her rent was incorrectly listed as a preferential rent. Tenant filed her complaint on a DHCR complaint form for "Lease Violations" instead of the agency's form for "Rent Overcharge." The DRA dismissed tenant's complaint because it was on the wrong form. Tenant appealed and lost. The DHCR can consider only lease issues when a tenant files a Lease Violations complaint form.

Rent-stabilized tenant complained to the DHCR that the rent listed in her renewal lease was incorrect and that her rent was incorrectly listed as a preferential rent. Tenant filed her complaint on a DHCR complaint form for "Lease Violations" instead of the agency's form for "Rent Overcharge." The DRA dismissed tenant's complaint because it was on the wrong form. Tenant appealed and lost. The DHCR can consider only lease issues when a tenant files a Lease Violations complaint form. Tenant must refile her rent overcharge complaint using the correct Rent Overcharge complaint form.

Rodriguez: DHCR Adm. Rev. Docket No. AO110019RT (8/14/13) [2-pg. doc.]

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