DHCR Overcharge Case Reopened to Reconsider Tenant's Fraud Claim

LVT Number: #31498

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $318, including interest. The DRA found no colorable claim of any fraudulent scheme to deregulate the apartment. Tenant appealed, and the case was reopened. The DHCR found that the reliability of the four-year base date rent in this case needed further investigation, and that the DRA should further consider tenant's claim that landlord engaged in a fraudulent scheme to deregulate the apartment. 

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $318, including interest. The DRA found no colorable claim of any fraudulent scheme to deregulate the apartment. Tenant appealed, and the case was reopened. The DHCR found that the reliability of the four-year base date rent in this case needed further investigation, and that the DRA should further consider tenant's claim that landlord engaged in a fraudulent scheme to deregulate the apartment. 

Petrich: DHCR Adm. Rev. Docket No. IS410041RK (6/7/21)[2-pg. document]

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