DHCR Won't Look Back More Than Four Years on Overcharge Complaint

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that the apartment had been deregulated due to high-rent vacancy destabilization before the base rent date that was four years before tenant’s complaint was filed. Therefore, the high rent leading to the deregulation couldn’t be investigated and the apartment wasn’t subject to rent stabilization. Tenant appealed and lost. Tenant claimed that there was fraud by landlord in deregulating the apartment’s rent. But Rent Stabilization Code Section 2526.1 bars consideration of rental events occurring prior to the base rent date unless certain exceptions apply. Here, there was no indication of fraud, tenant wasn’t the first deregulated tenant after high-rent vacancy deregulation, and tenant’s initial rent was over the deregulation threshold.

LaPorte: DHCR Adm. Rev. Docket No. DU410063RT (1/29/16) [5-pg. doc.]