Overcharge Issue Shouldn't Be Decided in AD Proceeding on Rent Stabilization Status

In 2016, tenant asked the DHCR to make an administrative determination that his apartment was subject to rent stabilization. Tenant also asked the DHCR to determine the "correct legal rent." In response, landlord confirmed that the unit was rent stabilized and that tenant had moved into the unit in June 2012. Later, landlord submitted a letter from tenant dated April 11, 2019, stating that tenant had moved out and requesting dismissal of his application. The DRA sought confirmation from tenant through a notice to tenant's new address, but tenant didn't respond. Based on available information, the DRA then set the rent for the apartment as of February 2019 at $1,890 per month.

Landlord appealed and won, in part. Landlord claimed that the DRA shouldn't have ruled on the legal rent. The DHCR agreed and revoked that portion of the DRA's order. But the DHCR noted that the apartment's new tenant had filed a rent overcharge complaint. The DHCR ruled that any issue concerning the apartment's legal regulated rent should be decided in that proceeding.

649-651 Classon LLC: DHCR Adm. Rev. Docket No. HV210007RO (11/4/22)[4-pg. document]