Four-Year Rule Applied

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord didn't file an annual registration for his apartment in April 1992, although subsequent annual registrations were filed. Tenant also questioned the increase between the 1984 initial legal regulated rent and the 1994 registered rent. The DHCR ruled against tenant. Tenant filed a rent overcharge complaint on Nov. 18, 1996. So the base date was Nov. 18, 1992, four years prior to the filing of a rent overcharge complaint. The rent charged on Nov. 18, 1992, was the legal base rent, and there was no rent overcharge since then.

Lue: DHCR Adm. Rev. Dckt. No. LE410086RT (9/19/97) [2-page document]