No Rent Fraud Indicated in Rent-Stabilized Apartment's Rent History

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. Tenant also claimed that his apartment had been unlawfully deregulated. The DRA ruled for tenant in part, finding that the apartment had been registered all along as rent stabilized and that tenant was overcharged only $55.50.

Tenant appealed and lost. Tenant argued that the base rent date should be May 1, 2005, rather than May 1, 2015, and that landlord committed rent fraud. But the base date rent was properly set as the rent charged four years before tenant filed his pre-HSTPA complaint. There was no indication of fraud. Tenant claimed that there had been a large increase in the legal regulated rent between 2004 and 2005. But the apartment's rent registration history showed no such increase. And, even if it did, "one excessive rent increase does not make up such a scheme as would permit investigation beyond the normal four-year limit on same." 

Welch: DHCR Adm. Rev. Docket No. KM110011RT (5/31/22)[4-pg. document]