No Proof of Fraud in Connection with Base Date Rent

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,000, including triple damages. Tenant appealed because the DRA didn't consider the apartment's rent history before the four-year base date. He claimed that the rent increases were fraudulent. The DHCR ruled against tenant. Rent increases collected more than four years before tenant filed his complaint generally aren't subject to challenge. In some cases, courts have allowed review of older rent history where there was a showing of fraud. But there was no showing of fraud here. Tenant claimed that he was the first rent-stabilized tenant after the building was constructed in 1998. So tenant can't claim that he didn't know how much rent was paid for the apartment since that date.

Watson: DHCR Adm. Rev. Docket No.YJ110009RT (4/8/11) [2-pg. doc.]