No Overcharge During Four Years Before Complaint Filed

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that there had been only two tenants in the apartment between 1986 and 2010. So landlord could only have collected two vacancy increases, and the legal rent should be less than what landlord charged her. The DRA ruled against tenant. The base date rent, four years before tenant filed her complaint, was $1,541 and wasn't subject to challenge. Rent increases collected after the base date were all within lawful guidelines.

Fraser: DHCR Adm. Rev. Docket No. YL210050RT (6/29/11) [2-pg. doc.]