Landlord Properly Registered December 1992 Rent

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming that landlord never sent a registered form to any tenant. Tenant also claimed that the April 1, 1992 rent wasn't registered. The DHCR ruled against tenant. Tenant's complaint was filed on October 28, 1996. So, under the Rent Regulation Reform Act of 1997, the base date for tenant's complaint was October 28, 1992. Since the apartment was vacancy decontrolled on that date, the DRA could only look at the rent charged after October 28, 1992, to determine the lawful rent. Also, tenant didn't file a fair market rent appeal and didn't raise the issue of service of RR-1 before the DRA. So the rent charged to first rent-stabilized tenant, who was prior tenant, couldn't be reviewed by the DHCR. Also, since the apartment was still rent controlled on April 1, 1992, landlord wasn't required to register that rent.

Miller: DHCR Adm. Rev. Dckt. No. LE410085RT (8/28/97) [3-page document]