Tenant's Overcharge Complaint Was General, Not Specific

Tenant complained of a rent overcharge. The DRA ruled for tenant in part. No overcharge refund was due, but tenant's rent was frozen at $900 per month until such time as landlord offered tenant a renewal lease. Landlord appealed and lost. Landlord claimed that the DRA's decision went beyond the issue raised in tenant's complaint. Landlord claimed that tenant's complaint stated that landlord hadn't registered her apartment in 2001. Since the DRA found that landlord had properly registered tenant's 2001 rent, tenant's specific rent overcharge complaint should have been dismissed. The DHCR ruled that tenant's was a general rent overcharge complaint. In addition to her claim about the 2001 registration, tenant had questioned rent increases since the base date in 1999.

Heritage Place, LLC: DHCR Adm. Rev. Docket No. TK710013RO (9/27/06) [5-pg. doc.]