No Indication of Fraudulent Scheme in Tenant's Rent History

Rent-stabilized tenant complained of rent overcharge in 2013. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the apartment rent had been illegally increased between 1986 and 2012 and that there was a resulting rent overcharge of $104,000. The DHCR ruled against tenant. Tenant claimed fraud for the first time on appeal, so the DHCR couldn't consider that claim. In addition, there was no indication of a fraudulent scheme to deregulate the apartment. Tenant's base date rent and all subsequent rent increases conformed to applicable rent guidelines and were below the deregulation threshold. Landlord registered rents annually and never tried to amend the registrations. A mere increase in rent is not indicative of fraud.

Neale: DHCR Adm. Rev. Docket No. CO410006RT (11/17/14) [4-pg. doc.]