Four-Year Rule Applied Where No Indication of Fraud

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The base rent date was March 29, 2009, four years before tenant's complaint was filed. Tenant claimed that the base date should be 2003 because landlord failed to register the apartment in 2006 and 2007. She claimed that she was overcharged in her 2004 vacancy lease. The DHCR again ruled against tenant, who then filed an Article 78 court appeal. The court sent the case back to the DHCR for further consideration. The DHCR again ruled against tenant. All the events that tenant complained about occurred more than four years before tenant's complaint was filed. And since there was no indication of fraud, there was no reason to investigate rents beyond the statutory four-year look-back period. 

Munoz: DHCR Adm. Rev. Docket No. CT610003RP (10/24/14) [2-pg. doc.]