No Overcharge Determined in Proceeding to Decide Rent Regulatory Status

Tenant asked the DHCR to determine the status of his apartment. Tenant claimed that he was rent stabilized. The DRA ruled for tenant, finding that the building was constructed before Jan. 1, 1974, and had at least six apartments. Tenant had lived in his apartment since 1991. The DRA also ruled that tenant's legal regulated rent was $1,065 effective Aug. 1, 2013. Tenant appealed and lost. Tenant claimed that there should be an overcharge finding dating back to Aug. 1, 2012, and that the DRA should have awarded triple damages. But this wasn't a rent overcharge proceeding. The DRA considered events and documentation beyond the four-year overcharge lookback period solely to determine the apartment's rent regulatory status and to set the legal rent. If tenant believed he'd been overcharged, he must file a rent overcharge complaint separately.

Rath: DHCR Adm. Rev. Docket No. BX210024RT (1/16/15) [2-pg. doc.]