Deemed Renewal Leases Didn't Show Landlord Fraud

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,290, including triple damages. Tenant appealed and lost. Tenant claimed that landlord had committed fraud and that the DHCR should set a lower base date rent. But a finding of willful rent overcharge in and of itself wasn’t an indicator of fraud. The fact that landlord deemed four renewal leases between 2009 and 2013 also didn’t indicate fraud. The tenants who received the deemed leases remained in occupancy throughout their lease terms. 

Eisner: DHCR Adm. Rev. Docket No. CQ110013RT (3/30/15) [4-pg. doc.]