No Proof of Fraud in Setting Base Date Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the rent charged on the base date four years before her complaint was filed was invalid or fraudulent. The four-year rule can be set aside if there are indications that a landlord engages in a scheme to systematically deregulate apartments or of other violations of the Rent Stabilization Law. Tenant presented no facts that showed that there was any fraud in this case.

Guthrie: DHCR Adm. Rev. Docket No. ZC210045RT (10/11/12) [3-pg. doc.]