Opinion
2790.
Decided February 5, 2004.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about October 29, 2001, which denied petitioner tenant's application to annul respondent DHCR's denial of petitioner's rent overcharge complaint, unanimously affirmed, without costs.
Robert H. Gordon, for Petitioner-Appellant.
Gary Turk, for Respondents-Respondents.
Before: Buckley, P.J., Andrias, Lerner, Friedman, JJ.
Since petitioner's overcharge complaint was pending on June 19, 1997, the effective date of the Rent Regulation Reform Act, and since petitioner's rent was never raised after January 27, 1991, i.e., within the four-year period immediately preceding the filing of his rent overcharge complaint, there could be no overcharge ( see Zafra v. Pilkes, 245 A.D.2d 218, 219; Matter of Schutt v. DHCR, 278 A.D.2d 58, lv denied 96 N.Y.2d 715). No basis exists to disturb DHCR's finding that there are no overcharge repercussions in the owner's 1990 registration statement incorrectly describing the apartment as owner-occupied. We have considered and rejected petitioner's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.