No Proof of Fraud by Prior Landlord

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord had illegally and fraudulently increased rents prior to the base rent date and therefore the DHCR should have looked at rent history records going back more than four years before tenant's complaint was filed. But there was no evidence supporting tenant's claim of fraud and therefore no reason to look beyond the base date. The fact that prior landlord and the State Office of the Attorney General had agreed to an audit of landlord's rents from 2002 - 2006 didn't trigger a finding of fraud. Tenant presented no proof that there were any findings of fraud by the A.G.'s office. And the A.G.'s office advised the DHCR that it had no records concerning prior landlord.

Haldeman: DHCR Adm. Rev. Docket No. BQ410015RT (9/10/14) [3-pg. doc.]