Failure to Register Apartment in 2007 Irrelevant to 2013 Overcharge Claim

LVT Number: #25381

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the base rent date should be March 29, 2003, instead of March 29, 2009, because landlord didn't register the apartment in 2006 and 2007. Tenant also claimed her initial rent was unlawful. But since the apartment's 2006 and 2007 registration history and the tenant's vacancy lease rent concern events preceding the base rent under the four-year rule, they can't be considered in deciding tenant's complaint.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the base rent date should be March 29, 2003, instead of March 29, 2009, because landlord didn't register the apartment in 2006 and 2007. Tenant also claimed her initial rent was unlawful. But since the apartment's 2006 and 2007 registration history and the tenant's vacancy lease rent concern events preceding the base rent under the four-year rule, they can't be considered in deciding tenant's complaint.

Munoz: DHCR Adm. Rev. Docket No. BV610022RT (2/28/14) [2-pg. doc.]

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