No Proof of Fraud Warranting Suspension of Four-Year Rule

Rent-stabilized tenant complained of a rent overcharge, claiming that his monthly rent of $1,500 was excessive. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that landlord's fraudulent conduct inflated the rent prior to the Aug. 16, 2007, base rent date and that therefore the rent history before the four-year base date should be examined. But tenant submitted no proof of any elaborate scheme to systematically deregulate apartments in the building. There was no showing that landlord filed inconsistent rent registrations or otherwise engaged in a pattern of violating the Rent Stabilization Law. A prior heat and hot water complaint filed with the DHCR by tenant or an HPD report listing other apartments lacking heat didn't support tenant's fraud claim. Notably, landlord had repaired the heat and hot water conditions tenant previously complained about.

Garcia: DHCR Adm. Rev. Docket No. AR210013RT (4/5/13) [4-pg. doc.]