Tenant Claims Fraud in Rent History Records

January 10, 2012

LVT Number: #23812

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant appealed, arguing that the DHCR's decision was arbitrary and unreasonable. Tenant claimed that prior landlord committed fraud and that the DHCR must apply its default formula to calculate the apartment's base rent. The DHCR agreed to reconsider the case, and the court ruled for tenant. Tenant's fraud claim was sufficient enough to trigger the DHCR's duty to determine whether the default formula would be applied to this case.

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant appealed, arguing that the DHCR's decision was arbitrary and unreasonable. Tenant claimed that prior landlord committed fraud and that the DHCR must apply its default formula to calculate the apartment's base rent. The DHCR agreed to reconsider the case, and the court ruled for tenant. Tenant's fraud claim was sufficient enough to trigger the DHCR's duty to determine whether the default formula would be applied to this case.

Pehrson v. DHCR: Index No. 103323/2010, NYLJ No. 1202536606425 (Sup. Ct. NY; 12/5/11; Billings, J)

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