No Fraud Found in Connection with Apartment Rent History

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. The DRA found that the apartment was properly registered at a legal regulated rent of $1,800, and that tenant paid this amount. Tenant appealed and lost. Tenant claimed that landlord’s rent history documentation was fraudulent. But in a prior proceeding, the DHCR had found no overcharge between January 2010 and January 2014 while tenant paid rent at $1,800 per month. Tenant didn’t appeal that decision. Since tenant continued to pay rent at $1,800 per month between January 2014 and June 2015, the DRA properly found there was no overcharge in the new case.  Tenant presented no grounds for investigating the pre-base date rent. There was no showing of a scheme to remove the apartment from rent regulation. And the initial registered rent for the apartment matched the initial approved rent from HPD for this 421-a building.

Randag: DHCR Adm. Rev. Docket No. DU210058RT (4/13/16) [5-pg. doc.]