More than Four Years Before Complaint Filed

LVT Number: #20894

Rent-stabilized tenant complained of a rent overcharge. She said that landlord was trying to illegally increase her rent by $200 per month. She also claimed that landlord had already improperly increased her monthly rent from $600 to $700. The DRA ruled against tenant, finding no rent overcharge. The DRA also directed landlord to stop requesting a $200 rent increase from tenant, because landlord couldn't increase tenant's rent without offering her a proper renewal lease. Tenant appealed, still claiming a rent overcharge.

Rent-stabilized tenant complained of a rent overcharge. She said that landlord was trying to illegally increase her rent by $200 per month. She also claimed that landlord had already improperly increased her monthly rent from $600 to $700. The DRA ruled against tenant, finding no rent overcharge. The DRA also directed landlord to stop requesting a $200 rent increase from tenant, because landlord couldn't increase tenant's rent without offering her a proper renewal lease. Tenant appealed, still claiming a rent overcharge. She said that landlord increased her rent from $600 to $700 without giving her a renewal lease. The DHCR ruled against tenant. The DHCR rent registration records and other documents showed that tenant's monthly rent had been $700 at all times during the four years before tenant filed her complaint. So there was no overcharge. The DHCR couldn't look back to how much rent tenant paid before the base date for her complaint.

Smith: DHCR Adm. Rev. Docket No. WA210037RT (9/5/08) [2-pg. doc.]

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