No Fraud Shown in Apartment Rent History

January 26, 2015

LVT Number: #25944

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In her PAR, tenant now claimed that landlord committed fraud before the 2009 base rent date. The DHCR wouldn't consider this claim for the first time on appeal. The DHCR also noted that there was no proof of any fraudulent scheme to deregulate tenant's apartment. Tenant's legal regulated rent at the time her complaint was filed in 2009 was less than $1,200 per month. Tenant also claimed that there were no overcharges since 2007.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In her PAR, tenant now claimed that landlord committed fraud before the 2009 base rent date. The DHCR wouldn't consider this claim for the first time on appeal. The DHCR also noted that there was no proof of any fraudulent scheme to deregulate tenant's apartment. Tenant's legal regulated rent at the time her complaint was filed in 2009 was less than $1,200 per month. Tenant also claimed that there were no overcharges since 2007. The registered rents for tenant's apartment matched her 2008 and 2009 leases. Any other discrepancies between the lease rents and registered rents were minor and showed no pattern of fraud.

Sierra: DHCR Adm. Rev. Docket No. BX210034RT (11/13/14) [3-pg. doc.]

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