Tenant Claims Fraud in Rent History

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled against tenant, finding no overcharge and pointing out that tenant had waived any challenge to his rent in a settled housing court case. Tenant then asked the DHCR to reconsider because the court had modified the settlement agreement by court order. The new court order stated that tenant could challenge the rent in his July 1, 2004, lease based on the Court of Appeals decision in Grimm v. DHCR, a case that allowed the DHCR to look back more than four years at an apartment’s rent history where there was evidence of fraud. The case was sent back to the DRA for further fact finding.

Teguegne: DHCR Adm. Rev. Docket No. ZH410003RK (8/29/12) [3-pg. doc.]