DHCR Improperly Converted Fair Market Rent Appeal to Rent Overcharge Complaint

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Facts: Tenant filed a 1984 objection to the initial rent registration for her apartment and specifically stated that her complaint was a fair market rent appeal. Tenant had moved into the apartment in September 1983 at a monthly rent of $425. Landlord claimed that the apartment became decontrolled in 1976 and that it was then occupied by the building super as an exempt apartment until 1983. The DRA initially ruled for landlord for this reason. Tenant appealed. The DHCR ruled for tenant and the case was remanded. After further appeals by landlord and further remands, the DHCR finally ruled that the four-year time limit barred the agency from examining the rent history predating 1980. So there was no basis to determine a fair market rent appeal. However, the DHCR found that tenant was subsequently overcharged. Landlord appealed. Court: Landlord wins. Tenant's complaint was a fair market rent appeal. The DHCR had no authority under the law to convert this complaint into a rent overcharge complaint. The overcharge finding was revoked.

Pecora v. DHCR: Index No. 14704/99 (Sup. Ct. Queens 4/6/00; Golar, J) [8-pg. doc.]