Tenant Can't Challenge Improvement Made Over Four Years Ago

Tenant complained of a rent overcharge. The DRA found that tenant's complaint specifically questioned only the excess security deposit. The DRA ruled for tenant and ordered landlord to refund the excess security to tenant. Tenant appealed, arguing that she also had claimed a general rent overcharge and that landlord didn't install new refrigerator as he claimed he would when she moved in. The DHCR ruled against tenant. Although tenant did in fact file a general rent overcharge complaint, her complaint was now limited by law to a base date exactly four years before the date she filed her complaint. The 1/40th rent increase for the refrigerator landlord claimed to have installed was first charged more than four years before that date and so, under the Rent Regulation Reform Act of 1997, couldn't be challenged.

Gomez: DHCR Adm. Rev. Dckt. No. LG410097RT (10/16/97) [2-page document]