No Proof of Fraud in Prior Rent Increase

Tenant complained of rent overcharge in 2013. The DRA dismissed the complaint because tenant's rent was $2,100 per month in 2009, four years before tenant's complaint was filed. The apartment therefore was deregulated on the base rent date. Tenant appealed and lost. Tenant now claimed that landlord illegally deregulated the apartment. The registered rent increased from $620 in 2007 to $2,100 in 2008. But this increase in rent, by itself, wasn't an indication of fraud. Tenant argued that landlord couldn't have spent $60,000 renovating the apartment and that she didn't receive proper notice of the apartment deregulation. In her initial complaint, tenant claimed only that the rent was illegal. She didn't claim fraud, improper apartment renovations, illegal deregulation, lack of notice of deregulation, or pending rent reduction orders. Tenant also didn't submit proof of any of these claims with her PAR and didn't present any reasonable excuse for not raising these issues before the DRA. Tenant's initial lease stated that the apartment wasn't subject to rent stabilization, the apartment had been registered as exempt since 2008, and tenant had been paying more than $2,000 per month throughout her tenancy. 

Jimenez: DHCR Adm. Rev. Docket No. CO410005RT (11/19/14) [4-pg. doc.]