Four-Year Time Limit Bars Review of Prior Lease

Rent-stabilized tenant complained of a rent overcharge. Under her initial 1998 lease, landlord charged her $735 per month. Later, between 2001 and 2004, her renewal leases listed both a preferential and legal regulated rent, even though her initial lease contained no preferential rent provision. In 2004, landlord discontinued tenant's preferential rent. In April 2008, tenant filed her overcharge claim. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA should ignore the four-year rule and consider her initial lease, which proved there was never any preferential rent. But the renewal lease in effect on the base date four years before tenant filed her complaint listed both a legal regulated rent and lower preferential rent. So the DHCR couldn't look back more than four years.

Kellgren: DHCR Adm. Rev. Docket No. XC410046RT (10/27/09) [3-pg. doc.]