DHCR Can't Retroactively Apply Amended RSC Provision on Setting Rent After Temporary Exemption

LVT Number: #30121

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable.

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AEJ 534 E. 88th LLC v. DHCR: Index No. 100476/2017 (Sup. Ct. NY; 1/8/18; Bluth, J) [11-pg. doc.]