Landlord's Rent History Wasn't Fraudulent

Tenant complained of rent overcharge. Her first rent in 2004 was $1,450. She pointed out that landlord didn't register prior tenants' rent, even though they lived in the apartment from 2001 to 2004. The last registered rent in 1999 was $580. Tenant claimed fraud and said that the DRA should therefore use the 1999 rent as the base date rent. The DRA ruled against tenant. Tenant appealed, pointing out that prior tenants had submitted a sworn statement about how much rent they paid. The DHCR ruled against tenant. Although landlord didn't register prior tenants' rent, this was corrected through late registration. And prior tenants stated that they paid $1,450 per month for the three years they lived in the apartment. So there was no fraud, and no overcharge.

Grimm: DHCR Adm. Rev. Docket No. UG410043RT (2/21/07) [4-pg. doc.]