Tenant Presented No Facts to Support Fraud Claim

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the base date rent in effect four years before his complaint was filed was illegal and fraudulent. So the DHCR should have determined the base date rent using the agency's default method instead of relying on the rent listed in the base date lease. But the DRA properly relied on submitted leases to determine the base date rent of $1,035, and nothing warranted further investigation predating the base rent.

Beck: DHCR Adm. Rev. Docket No. BP210028RT (1/2/14) [3-pg. doc.]