No Fraud Found

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,483. Tenant appealed, claiming that the DHCR should look past the base date because landlord had committed fraud. The DHCR ruled against tenant. The base date was May 9, 2003, four years before tenant filed his complaint. Prior tenant had signed a termination agreement agreeing to move out by Jan. 31, 2003. Landlord's rent ledger showed that the last rent paid by that tenant was for December 2002. Landlord also adequately documented that the apartment was vacant on the base date and remained vacant until another tenant was temporarily relocated into the apartment on June 1, 2005. After that, complaining tenant moved in. Since complaining tenant was the first rent-stabilized tenant to occupy the apartment after the base date, his rent was the legal regulated rent and wasn't subject to challenge. There was no indication of fraud, as in a prior case relied on by tenant where the lease in effect on the base date unlawfully attempted to exempt the apartment from rent regulation. Landlord proved in this case that the apartment was vacant on the base date.

Goldstein: DHCR Adm. Rev. Docket No. XE410074RT (9/16/09) [3-pg. doc.]