No Rent Fraud or Rent Overcharge Found

Rent-stabilized tenant complained to the DHCR of rent overcharge on July 9, 2019. Tenant had moved into the apartment on Dec. 1, 2002, 17 years earlier. The DRA dismissed tenant's complaint after landlord submitted proof of a court settlement between landlord and tenant in a nonpayment proceeding where tenant had withdrawn the DHCR overcharge complaint. Tenant requested reconsideration from the DHCR. The complaint was reopened and sent back to the DRA. The DRA again dismissed the complaint, finding no rent overcharge since the base rent date. Tenant appealed and lost. Landlord had registered the apartment every year between 2014 and 2024 as rent-stabilized with the correct rent. While the apartment wasn't registered from 2004-2013, the DHCR found that this wasn't proof of fraud. There was also no other proof of fraud, as claimed by tenant. 

Futrell: DHCR Adm. Rev. Docket No. LW10019RT (6/24/24)