Tenant Can't Challenge Fee Added to Rent Before Base Rent Date

LVT Number: #25299

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord charged an additional fee for a security guard, later replaced by a security camera, without filing an application for an MCI rent increase. But landlord had been collecting the additional fee since before the March 2, 2006, base rent date, which was four years before the date tenant filed her complaint. So the DHCR couldn't consider that claim.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord charged an additional fee for a security guard, later replaced by a security camera, without filing an application for an MCI rent increase. But landlord had been collecting the additional fee since before the March 2, 2006, base rent date, which was four years before the date tenant filed her complaint. So the DHCR couldn't consider that claim. Landlord had otherwise rolled back tenant's rent for the period it had failed to register tenant's rent. So there was no overcharge.

Honickman: DHCR Adm. Rev. Docket Nos. ZG210047RT (11/1/13) [2-pg. doc.]

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