No Fraud Found in Connection with Rent Overcharge

LVT Number: #29831

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,662, including triple damages and interest. Tenant appealed and lost. Tenant claimed that landlord had committed fraud and that his rent should be reduced further by reviewing the apartment's pre-base date rental history and applying the DHCR's default method. Tenant's fraud claim was based on a 2009 apartment rent increase from $1,113 to $1,700 when prior tenant moved in. But an increase in rent alone isn't sufficient to establish a colorable claim of fraud.

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Placido: DHCR Adm. Rev. Docket No. FU410004RP (10/10/18) [6-pg. doc.]