No Proof of Fraud to Warrant Rent History Review

LVT Number: #30139

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,259, including interest and triple damages. Tenant appealed and lost. Tenant argued that the DRA should have reviewed the rent history prior to the base date to determine whether there had been a fraudulent scheme to deregulate the apartment. The DHCR found that the DRA properly applied the Aug. 18, 2011, base date to the case. There was no proof of fraud that would warrant examination of the pre-base date rent history. A mere increase in rent alone didn't indicate fraud.

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Teore: DHCR Adm. Rev. Docket No. GO210045RT (3/25/19) [5-pg. doc.]