Court Already Ruled There Was No Fraudulent Overcharge by Landlord

Tenant complained to the DHCR in December 2019 of rent overcharge and fraudulent deregulation of his apartment. The DRA ruled for tenant in part, setting the base rent date as June 14, 2019, finding subsequent overcharges, and directing landlord to refund $18,709, including triple damages and interest. Tenant appealed and lost. Tenant claimed that he should be awarded overcharges with triple damages from April 10, 2010, the day he moved into the apartment. He also claimed that landlord was engaged in a fraudulent scheme to deregulate the apartment. But whether landlord had engaged in a fraudulent scheme had already been decided by an appeals court, which found no fraud by landlord against tenant and other tenants in the building. And no overcharges or penalties could be awarded for any rental period prior to the base rent date, per Rent Stabilization Code Section 2527.

Tarhan: DHCR Adm. Rev. Docket No. MO410020RT (10/16/24)[2-pg. document]