Tenants Can't Amend Complaint Two Years Later

August 31, 1993

LVT Number: 8146

Tenants complained of a rent overcharge in 1989 shortly after they'd moved into an apartment. They believed that prior tenant had paid a much lower rent than they did. Landlord claimed that there was no overcharge and that the apartment was properly registered with the DHCR. Two years later, in June 1991, tenants added a new claim to their complaint. They said that landlord hadn't served them with any rent registration statements since they'd moved in. The DRA ruled for landlord and ignored tenants' claim about the rent registrations. Tenants appealed, and the DHCR ruled against tenants.

Tenants complained of a rent overcharge in 1989 shortly after they'd moved into an apartment. They believed that prior tenant had paid a much lower rent than they did. Landlord claimed that there was no overcharge and that the apartment was properly registered with the DHCR. Two years later, in June 1991, tenants added a new claim to their complaint. They said that landlord hadn't served them with any rent registration statements since they'd moved in. The DRA ruled for landlord and ignored tenants' claim about the rent registrations. Tenants appealed, and the DHCR ruled against tenants. The Rent Stabilization Code allows tenants to amend complaints if they have a good reason. In this case, tenants gave no explanation for why they'd raised a new issue two years after filing their complaint.

228 West 71st Street, Apt. 4A: DHCR Adm. Rev. Dckt. No. FJ 410325-RT (6/2/93) [4-page document]

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