Tenant's Dismissed Overcharge Claim Reopened Based on HSTPA

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. The DRA's finding was made based on a four-year base date of Sept. 19, 2014. But while tenant's PAR was pending, the Housing Stability and Tenant Protection Act (HSTPA) was enacted on June 14, 2019. The law, made applicable to any pending rent overcharge claims, changed the rent overcharge lookback period from four years to at least six years. So the Sept. 19, 2014, base date was no longer accurate, and the case was sent back to the DRA for a new determination of the apartment's legal regulated rent on the six-year base date.

Lucas: DHCR Adm. Rev. Docket No. HS610013RT (12/9/19) [2-pg. doc.]