Pre-HSTPA Request to Determine Legal Rent Subject to Four-Year Lookback Period

Tenant filed an application in December 2014, asking the DHCR to determine in an administrative proceeding the legal regulated rent of his rent-stabilized apartment. The DRA reviewed requested records from tenant and landlord and ruled in August 2020 that the legal rent was $1,161.90 per month at the expiration of the most recent renewal lease on June 30, 2019. In its ruling, the DRA included an adjustment for an MCI rent increase and noted that tenant's collectible rent was limited by SCRIE for as long as tenant remained enrolled in that program.

Tenant appealed and lost. Tenant claimed that the DRA improperly limited review of his claim to a four-year lookback period and didn't review questions he had about the MCI increase. The DHCR noted that, because the case was started before enactment of the HSTPA on June 14, 2019, examination of rental history was limited to the four-year period before tenant filed his complaint because there was no substantial indicia of a fraudulent scheme to deregulate the apartment. And rent stabilization status of the apartment wasn't an issue in this case. Tenant also couldn't collaterally attack the rent outside of an appeal of the MCI rent increase.

Syllman: DHCR Adm. Rev. Docket No. IU110016RT (7/14/21)[3-pg. document]