No Overcharge or Fraud Found to Trigger Review of Pre-Base Date Rent History

LVT Number: #28011

Rent-stabilized SRO tenant complained of rent overcharge and claimed that landlord acted in a fraudulent scheme to remove her unit from rent stabilization. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The base date rent charged to prior tenant was $1,000 per month. Landlord had never increased the rent above $1,000 since the base date, even though landlord could have been entitled to add guideline increases and other rent adjustments to the base rent based on vacancy or temporary exemption to rent stabilization before tenant's occupancy.

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Martinez: DHCR Adm. Rev. Docket No. FM410060RT (9/1/17) [3-pg. doc.]