HSTPA Doesn't Apply to Overcharge Complaint Filed in Early 2019

LVT Number: #32997

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed for the first time in her PAR that the HSTPA amendments to the Rent Stabilization Law should be applied to this case. The DHCR noted that tenant was incorrect. Since the complaint was filed before June 14, 2019, HSTPA changes to the law governing rent overcharges didn't apply. And landlord contemporaneously registered all leases between 2010 and the last lease covered by the DRA's order.

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed for the first time in her PAR that the HSTPA amendments to the Rent Stabilization Law should be applied to this case. The DHCR noted that tenant was incorrect. Since the complaint was filed before June 14, 2019, HSTPA changes to the law governing rent overcharges didn't apply. And landlord contemporaneously registered all leases between 2010 and the last lease covered by the DRA's order. There were no improper rent increases during that time and no proof of a fraudulent scheme to deregulate the apartment. So there was no grounds to examine pre-base date rental events. 

Sigala: DHCR Adm. Rev. Docket No. LS410013RT (11/7/23)[3-pg. document]

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