No Fraud by Landlord Who Mistakenly Deregulated Apartment

Tenant complained of rent overcharge and improper deregulation of his apartment, located in a building receiving J-51 tax benefits. Landlord responded that, once the outcome of the Roberts decision in 2010 and the DHCR's revised policy became clear, it offered tenant a rent-stabilized renewal lease in 2012. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant claimed rent fraud and said that the DHCR should look back beyond the four-year base date rent. The DHCR ruled against tenant, who then filed an Article 78 court appeal. The DHCR took the case back for further review and found insufficient proof of fraud to warrant examination of pre-base date rent history records. Landlord's erroneous deregulation of the apartment prior to the Roberts decision also wasn't proof of fraud. 

Hall: DHCR Adm. Rev. Docket No. IS210046RK (6/29/21)[5-pg. document]