Tenant Claims Initial Registration Was Fraudulent

June 30, 1993

LVT Number: 8010

Tenant complained of a rent overcharge. Tenant had never challenged the initial 1984 rent registration, but in 1987 claimed that landlord's initial registration was fraudulent. The DHCR dismissed tenant's complaint, and tenant appealed. For the first time on appeal, tenant submitted a sworn statement from a prior tenant of the apartment, who stated that his rent in 1981 was $376. Tenant's rent in 1984 was over $1,400. Landlord submitted leases dating back to the late 1970s, showing higher rents and supporting tenant's $1,400 rent.

Tenant complained of a rent overcharge. Tenant had never challenged the initial 1984 rent registration, but in 1987 claimed that landlord's initial registration was fraudulent. The DHCR dismissed tenant's complaint, and tenant appealed. For the first time on appeal, tenant submitted a sworn statement from a prior tenant of the apartment, who stated that his rent in 1981 was $376. Tenant's rent in 1984 was over $1,400. Landlord submitted leases dating back to the late 1970s, showing higher rents and supporting tenant's $1,400 rent. The court sent the case back to the DHCR to investigate whether there had in fact been fraud.

Matter of Olavson: NYLJ, p. 21, col. 5 (6/2/93) (Sup. Ct. NY; Glen, J)

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