Tenant Can't Challenge Base Date Rent
LVT Number: #25536
Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that landlord committed fraud and that the DRA should have looked at rent history predating the July 27, 2006, base date. Among other things, tenant argued that landlord didn't give her a rent stabilization rider and failed to register the apartment in a timely manner. But landlord charged tenant $925 on the base date, which was the rent that the NYC Department of Homeless Services permitted landlord to charge tenant on that date. Although landlord's agreement with that agency wouldn't have prevented the DHCR from determining the legality of that rent if tenant had filed her complaint earlier, the agreement prevented the DHCR from finding that the base date rent was tainted by landlord's fraudulent conduct.
Lee: DHCR Adm. Rev. Docket No. AQ210011RT (3/27/14) [3-pg. doc.]