No Fraud by Landlord in Connection with Rent Overcharge Claim

LVT Number: #30023

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant had paid a preferential rent since the base date. Tenant appealed and won in part. Tenant correctly pointed out that the DRA didn't examine pre-base date rent history in light of the fact that tenant paid a preferential rent. After reviewing a pre-base date lease, the DHCR found that tenant's preferential base date rent was the legal regulated rent. The total overcharge with interest was $4,969.

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Fitzsimons: DHCR Adm. Rev. Docket No. GV210005RP (1/11/19) [7-pg. doc.]