Extended Six-Year Look-Back Period Applied to Landlord's PAR

LVT Number: #30641

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in June 2018 and ordered landlord to refund $5,200, including interest and triple damages. Landlord appealed, and the DHCR ruled that the case should be sent back to the DRA. The DHCR noted that the look-back period for rent overcharge had been extended from four to six years under the Housing Stability and Tenant Protection Act of 2019 (HSTPA). And, although landlord objected to applying HSTPA changes to this case, an appeals court had affirmed in Dugan v.

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in June 2018 and ordered landlord to refund $5,200, including interest and triple damages. Landlord appealed, and the DHCR ruled that the case should be sent back to the DRA. The DHCR noted that the look-back period for rent overcharge had been extended from four to six years under the Housing Stability and Tenant Protection Act of 2019 (HSTPA). And, although landlord objected to applying HSTPA changes to this case, an appeals court had affirmed in Dugan v. London Terrace Gardens that the extended base date applied to pending cases.

93 Halsey, LLC: DHCR Adm. Rev. Docket No. GS210021RO (12/20/19) [2-pg. doc.]

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