Landlord Can't Appeal Non-Final DHCR Order

LVT Number: #31163

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in 2018, applying a four-year base date to review of the apartment rent history. Tenant appealed, and claimed that HSTPA, which took effect on June 14, 2019, now required a six-year lookback period for review of tenant's overcharge claim. The DHCR agreed and sent the case back to the DRA for further review. Landlord then filed an Article 78 court appeal and argued that it was an error for the DHCR to reopen tenant's overcharge complaint.

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