Tenant Wasn't Party to Rent Freeze Order

September 23, 2014

LVT Number: #25738

Rent-stabilized tenant complained of rent overcharge. The DRO ruled against tenant, who appealed and won. The DHCR ordered landlord to refund $6,080, including triple damages. Tenant sought reconsideration of the DHCR's decision. Tenant now claimed that her rent should have been frozen under a prior DHCR rent reduction order, that landlord had therefore committed fraud, and that the DHCR's default method should be used to set her initial rent. The DHCR ruled against tenant. The prior occupant of tenant's apartment wasn't a party to the rent reduction proceeding.

Rent-stabilized tenant complained of rent overcharge. The DRO ruled against tenant, who appealed and won. The DHCR ordered landlord to refund $6,080, including triple damages. Tenant sought reconsideration of the DHCR's decision. Tenant now claimed that her rent should have been frozen under a prior DHCR rent reduction order, that landlord had therefore committed fraud, and that the DHCR's default method should be used to set her initial rent. The DHCR ruled against tenant. The prior occupant of tenant's apartment wasn't a party to the rent reduction proceeding. So that order didn't apply to tenant's apartment and didn't provide any grounds for a fraud claim. 

47 East 81 Realty LLC: DHCR Adm. Rev. Docket No. BX410001RK (7/15/14) [4-pg. doc.]

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