Tenant Refiled Complaint on Correct Form

Facts: Tenant filed an objection to landlord's 1985 and 1986 rent registrations after moving into apartment in July 1986. Tenant objected to his initial rent. In December 1986 tenant filed a rent overcharge complaint, stating that the earlier rent registration objections were filed within 90 days of receipt of the RR-1. In January 1987 the DRA dismissed tenant's objection, stating that it was on the wrong form and gave tenant another form to file. Tenant didn't file a new objection. Subsequently, the DRA converted tenant's rent overcharge complaint to a fair market rent appeal. The DRA ruled for tenant, reducing the first stabilized rent for the apartment. Landlord appealed, claiming that tenant's December 1986 complaint was untimely and shouldn't have been converted to a fair market rent appeal. Landlord noted that tenant never filed a new objection to rent registration after that complaint was dismissed. DHCR: Landlord loses. Tenant's initial objection to the first registered rent was timely. Since tenant had filed a rent overcharge complaint before the objection was dismissed for procedural reasons, there was no reason for tenant to refile a fair market rent appeal. And tenant's rent overcharge complaint was properly treated as a fair market rent appeal, since tenant was the first stabilized tenant.

National Realty Co.: DHCR Adm. Rev. Dckt. No. GD210155RO (2/28/96) [5-page document]