No Proof of Fraud to Warrant Extended Lookback Period

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant argued that the DRA failed to investigate a rent increase in 2006-2007 when the rent more than doubled and landlord failed to show that any individual apartment improvements (IAIs) justified the rent increase. Tenant claimed that HSTPA required examination of the rent prior to September 2011 and of all available rent history needed to make a determination.

But tenant sought to apply HSTPA overcharge provisions to his complaint, which was filed before June 14, 2019. As ruled by New York's highest court in the April 2020 Regina Metro. v. DHCR decision, retroactive application of HSTPA overcharge provisions was prohibited. Applying Regina to this case modified the base date legal regulated rent and collectible rent, but there was still no overcharge. And there was no proof of any fraudulent scheme by landlord to deregulate the apartment that would otherwise have permitted an exception to the four-year lookback period prior to HSTPA.

Trebincevic: DHCR Adm. Rev. Docket No. IO110005RT (8/19/20) [2-pg. doc.]