William Weisner


rental housing, rent, New York city, Emergency Tenant Protection Act, ETPA, Rent Stabilization Law, RSL, rent stabilized, apartment


In New York City, the Conciliation and Appeals Board (CAB) is a quasi-judicial body empowered by the Rent Stabilization Law (RSL) to resolve rent overcharge complaints. By September 1982, the CAB had a backlog of 7000 rent overcharge cases. In response to the backlog, the CAB promulgated new procedures for determining the maximum legal rent when owners fail to provide sufficient rent histories to the Board. This Note examines the CAB's new procedures in light of past enforcement policies and the CAB's powers under the RSL. The Note concludes that although the procedures accomplish de facto what the CAB might not accomplish de jure, the CAB had the authority to issue the new procedures. The procedures, though imperfect, will be effective in reducing the backlog of overcharge cases. Enactment of proposed legislative changes in the RSL and continued use of the new procedures will enable the CAB to remedy its present enforcement problems and restore the integrity of the rent stabilization system.



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