Missing Rent Registrations and Lease Rider Insufficient to Justify Fraud Claim

Landlord sued to evict rent-stabilized tenant for nonpayment of rent.  Landlord claimed that tenant owed more than $12,000. Tenant claimed rent overcharge, fraud by landlord, and that landlord was responsible for paying tenant’s electric bills. The court found no rent overcharge and ruled for landlord. Tenant lived in the apartment on the base date four years before she claimed rent overcharge. At that time, her monthly rent was $1,995. Since then, her rent was increased by applicable rent guidelines upon lease renewal. Although there was a sizable rent increase in rent at some point before the base date, that wasn’t enough to establish fraud such that a court could look back more than four years to determine a rent overcharge. The fact that landlord failed to register the apartment with the DHCR from 2003 to 2012 and landlord’s failure to give tenant a rent stabilization rider when she signed her first lease also didn’t establish fraud. While there may be a defect in the apartment’s rent registration, this didn’t result in a rent overcharge. 

324 W. 84 Realty LLC v. Ventresca: Index No. 64566/15, NYLJ No. 1202755842361 (Civ. Ct. NY; 4/5/16; Schneider, J)