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Rent overcharge complaint (HCR)
To: NYS HCR Office of Rent Administration
Deadline / timing: 6-year statute of limitations from the date of overcharge
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What this letter will cite
- 9 NYCRR § 2526.1 — Overcharge complaints filed with NYS HCR. Look-back is 6 years from filing; treble damages presumed willful unless rebutted.
- HSTPA 2019 Part F § 4 — Statute of limitations on rent overcharge claims is 6 years; HCR/court may examine the entire rent history to determine the legal regulated rent.
- 9 NYCRR § 2522.6 — HCR determines the lawful rent by tracing registrations and lease records. Increases above lawful regulated rent + applicable adjustments are overcharges.
- NYS HCR Form RA-89 — Official form to commence an overcharge complaint with HCR Office of Rent Administration.
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