Improvements Made More Than Four Years Before Overcharge Complaint

Rent-stabilized tenant complained of a rent overcharge. His initial rent was $1,500 per month. Prior tenant paid $423 per month.The DRA ruled against tenant. Since the base rent charged four years before tenant filed his complaint was tenant's initial rent, there was no overcharge. Tenant appealed. He said that he was afraid to file an overcharge complaint earlier and only did so to make landlord do repairs. Tenant claimed that landlord didn't make improvements to the apartment that justified his initial rent. The DHCR ruled against tenant. Rent Stabilization Code Section 2526.1(a)(2)(ii) bars the DHCR from considering rental events that occurred more than four years before tenant filed his overcharge complaint. Landlord's improvement costs, added to the rent before tenant moved in, were a rental event subject to the four-year rule and couldn't be considered.

401 Washington Avenue: DHCR Adm. Rev. Docket No. WK210032RT (4/1/09) [3-pg. doc.]