Four-Year Rule Applied Where No Indication of Fraud

September 26, 2018

LVT Number: #28666

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that he had a preferential rent and that landlord committed fraud. The DRA found no overcharge and dismissed the complaint, finding no preferential rent and no fraud by the landlord. Tenant appealed and lost. Since the Oct. 11, 2012, base date, tenant had rent-stabilized leases and all rents were below the deregulation threshold. DHCR apartment registrations showed no preferential rents, and leases submitted by tenant showed no preferential rents. Landlord also submitted lease copies showing no preferential rents.

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that he had a preferential rent and that landlord committed fraud. The DRA found no overcharge and dismissed the complaint, finding no preferential rent and no fraud by the landlord. Tenant appealed and lost. Since the Oct. 11, 2012, base date, tenant had rent-stabilized leases and all rents were below the deregulation threshold. DHCR apartment registrations showed no preferential rents, and leases submitted by tenant showed no preferential rents. Landlord also submitted lease copies showing no preferential rents. Tenant's bare allegation of rent fraud in 2004 wasn't supported by any tenant submission. The DRA correctly found there was no fraudulent scheme by the landlord to deregulate the apartment.

Zumpano: DHCR Adm. Rev. Docket No. FS910049RT (7/10/18) [4-pg. doc.]

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