Tenant Presented No Basis for Rent History Review

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued, for the first time in her PAR, that there were fraudulent overcharges and that landlord had fraudulently deregulated her apartment. But there was no reason to investigate rental events prior to the base date in this case. The apartment was rent stabilized on the base date. Landlord agreed that tenant should be rent stabilized and withdrew any claim that the apartment was deregulated. Landlord never collected any rent greater than the base date legal regulated rent. Landlord proved that it spent $35,000 on individual apartment improvements (IAIs) before tenant moved in. Tenant's additional claims of harassment and discrimination couldn't be considered in the rent overcharge proceeding.

Greenbaum: DHCR Adm. Rev. Docket No. GQ710050RT (2/15/19) [5-pg. doc.]