Base Date Moved Back Based on Tenant's Claim in Prior Nonpayment Case

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that the DRA applied the wrong four-year base date. In a prior court agreement, landlord and tenant had agreed that the DHCR would decide tenant's overcharge claim. So the base date should be four years before tenant claimed an overcharge in the court case, not four years before tenant filed his later DHCR complaint. The DHCR sent the case back for recalculation of the legal rent using the new base date.

Islam: DHCR Admin. Rev. Dckt. No. PE210070RT (2/23/02) [2-pg. doc.]