Six-Year Lookback Period Didn't Apply Retroactively

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,164, including triple damages, after landlord already had refunded $12,408. Landlord appealed, objecting to the DRA's retroactive application of HSTPA's Rent Stabilization Law amendments, claiming a due process violation. The DHCR ruled against landlord in February 2020, upholding the overcharge finding. Landlord then filed an Article 78 court appeal, and the DHCR agreed to take the case back for reconsideration. In the case of Regina Metropolitan v. DHCR, New York's highest court ruled in April 2020 that HSTPA's rent overcharge calculation amendments couldn't be applied retroactively. So the DHCR sent the case back to the DRA for reconsideration of its rent overcharge calculation.

41-47 Nick LLC: DHCR Adm. Rev. Docket No. IT410002RP (9/3/20) [4-pg. doc.]