No Proof of Fraud Warranted Piercing Four-Year Rule

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA failed to determine the legality of her rent prior to the four-year base date of Feb. 10, 2006, applicable to her claim. She said that the DHCR could pierce the four-year rule if it chose to do so and that it should look at the rent history in effect when she moved in on April 1, 2003.  But tenant presented no proof to the DRA that landlord committed any type of fraud that would warrant looking back more than four years.  

Popa: DHCR Adm. Rev. Docket No. ZK110003RT (12/11/13) [2-pg. doc.]