No Proof of Fraud in Rent History

Rent-stabilized tenant complained of rent overcharge in 2013. The DRA ruled against tenant, who appealed and lost. Lease records showed that on the base rent date of July 5, 2009, tenant's legal regulated rent was $1,643 and her preferential rent was $991. Later rent increases all were at legal levels. But tenant claimed that landlord committed fraud because her 2003 vacancy lease rent was $750, followed by a renewal lease in 2005 at a lease rent of $1,412 and a preferential rent of $825. But tenant didn't raise the issue of fraud before the DRA and therefore couldn't raise it for the first time in her PAR. And, even if the DHCR considered the fraud claim, there was no actual claim of a fraudulent rent increase or scheme to deregulate the apartment. Tenant's 2009 legal regulated rent was well below the deregulation threshold, the apartment had been registered every year, and the rent increases collected were in line with Rent Guidelines Board orders.

Garcia: DHCR Adm. Rev. Docket No. BX210038RT (11/4/14) [4-pg. doc.]