Tenant's Prior Answer to Deregulation Petition Doesn't Count as Rent Overcharge Complaint

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant because there was no overcharge during the four years before tenant complained. Tenant appealed, pointing out that she raised the issue of a rent overcharge in response to landlord's prior high-rent/high-income deregulation petition. She did this within four years of the claimed overcharge. The DHCR ruled against tenant. Landlord withdrew the deregulation petition before the DRA ruled on it. So the tenant's answer to that petition, raising the overcharge issue, didn't count.

Boyd: DHCR Adm. Rev. Dckt. No. SD410045RT (6/4/04) [2-pg. doc.]