Change in Rent Stabilization Code Didn't Create Hardship for Landlord

LVT Number: #28165

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,000, including interest. Landlord appealed and lost. Tenant's apartment was temporarily exempt from rent stabilization due to owner occupancy on the base rent date. Landlord claimed that it was therefore entitled to charge a free market rent when tenant moved in after that. But Rent Stabilization Code (RSC) Section 2526.1(a)(3)(iii) was amended on Jan. 8, 2014, to no longer permit setting a free market rent after temporary exemption from rent stabilization.

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Tsui: DHCR Adm. Rev. Docket No. FM210058RO (11/10/17) [3-pg. doc.]