No Evidence of Fraud

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the apartment was vacant on the April 7, 2007, base rent date, four years before tenant filed his complaint. Since the apartment was vacant on the base date, the base rent was the $1,350 paid by next tenant starting on May 1, 2007. When that tenant moved out before his lease expired, the complaining tenant moved in on March 1, 2008, at a monthly rent of $1,400. Tenant claimed that landlord had submitted false information for registration years 2007 and 2008. Tenant also pointed out that before the April 2007 base date, a prior tenant's registered rent was $669. Tenant argued that the DRA should have looked at rent history records that predated the four-year base date.

The DHCR ruled against tenant since there was no evidence that pointed toward fraud by landlord. Because tenant's complaint was filed on April 7, the April 1, 2007, rent registration wasn't subject to DHCR review. But the DHCR noted that on June 4, 2007, landlord had filed a proper registration reflecting the apartment status on April 1, 2007. Other proof showed that the prior tenant who paid $669 had moved out several months before April 1, 2007. The apartment wasn't rented to the next prior tenant until May 1, 2007, at $1,350. That tenant vacated before his lease expired, and the complaining tenant moved in on March 1, 2008. 

Napoli: DHCR Adm. Rev. Docket No. BT410022RT (11/20/13) [3-pg. doc.]