Tenant Claims Fraud by Landlord Warrants Piercing Four-Year Rule

LVT Number: #24866

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge since the July 31, 2004, base rent date. The DRA noted that there was a rent freeze in effect on the base date due to two pre-base-date rent reduction orders. Tenant appealed, claiming that the DRA used an incorrect base date rent. Tenant argued that the base date rent should be the rent that was established by the earliest outstanding rent reduction order. Tenant also claimed that landlord committed fraud in setting his rent.

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Thomson: DHCR Adm. Rev. Docket No. XK210040RT (4/5/13) [3-pg. doc.]