Tenant Claims Fraud by Landlord Warrants Piercing Four-Year Rule

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge since the July 31, 2004, base rent date. The DRA noted that there was a rent freeze in effect on the base date due to two pre-base-date rent reduction orders. Tenant appealed, claiming that the DRA used an incorrect base date rent. Tenant argued that the base date rent should be the rent that was established by the earliest outstanding rent reduction order. Tenant also claimed that landlord committed fraud in setting his rent. Tenant claimed that landlord collected two vacancy increases for the same tenant. The DHCR reopened the case and sent it back to the DRA to determine whether there was fraud requiring the use of the agency's default method to set the legal rent, at what amount tenant's rent should be frozen, and whether rent registrations for the apartment must be corrected.

Thomson: DHCR Adm. Rev. Docket No. XK210040RT (4/5/13) [3-pg. doc.]