DRA Used Incorrect Base Date

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA used the wrong base date. The DHCR ruled for landlord. The base date four years before the complaint was filed was Dec. 17, 1987. The DRA incorrectly made the base date Dec. 1, 1987. The DHCR noted that in some unique circumstances, the DHCR could look at a pre-base date rental event for a particular purpose, but the DHCR can't change the four-year base date in calculating the legal rent.

Rubin: DHCR Admin. Rev. Dckt. No. NF610005RO (9/7/01) [3-pg. doc.]