No Proof of Improper Commercial Rental to Prior Tenant

Tenant complained to the DHCR of rent overcharge, and claimed that his apartment had been fraudulently rented for commercial use before he moved in. The DRA ruled against tenant, finding that the base date rent four years earlier was $1,530 per month and that all subsequent rent increases were lawful. Tenant appealed and lost. He claimed that the apartment had been fraudulently used for commercial purposes by a prior tenant. But the DHCR found there was nothing to show that the apartment was rented for anything other than residential use. Landlord submitted residential leases for prior tenant Harlem United, and there were no illegal rent increases charged to prior tenants since the base rent date. The DHCR also noted that a business may use an apartment for residential use for one of its employees. 

Santos: DHCR Adm. Rev. Docket No. KT610008RT (11/14/22)[4-pg. document]