Tenant Waited 15 Years to Complain of Rent Overcharge

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that she moved into the apartment on June 1, 2001, and that landlord added a fictitious tenant to the rent history before she moved in. Landlord had signed a one-year lease with prior tenant although that tenant lived in the apartment only one month in May 2001. Landlord claimed that it then renovated the apartment and charged tenant $25 per month as an individual apartment improvement (IAI) rent increase. The DHCR noted that tenant waited 15 years to complain of rent overcharge and that the four-year statute of limitations applied. So tenant couldn't complain about rent increases collected in 2001. Tenant didn't set forth sufficient proof of either a fraudulent scheme to deregulate the apartment or any improper rental practice that would warrant investigating pre-base date rental events. And, prior to June 24, 2011, owners were permitted to collect two vacancy increases in the same calendar year. [Download PDF of decision here.]

Royse: DHCR Adm. Rev. Docket No. FW110046RT (9/19/18) [4-pg. doc.]