No Proof of Fraud by Landlord

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the prior tenant's monthly rent was $205 and questioned landlord's claim that it spent over $1,000 on individual apartment improvements. Tenant also claimed fraud. But the prior tenant was rent controlled and tenant didn't file a fair market rent appeal within four years. So tenant's initial rent wasn't subject to challenge, and his later renewal leases all showed legal rent increases. There also was no indication of a fraudulent scheme to deregulate the apartment. Tenant's rent was substantially lower than the rent needed for high-rent vacancy decontrol.

Marca: DHCR Adm. Rev. Docket No. CQ210003RT (1/6/15) [2-pg. doc.]