4 Year Rule & LL Fraud

[Gregg]

Hey Folks,a 2-part question:

If LL fraud is discovered (involving renovations to an apt.) does the 4-year rule still apply? Or, is this a "material breach" of the rent stabilization law,that would mean a tenant could ask DHCR to investigate?

Also, say a tenant has already filed an overcharge case with DHCR, went through the PAR process, and was denied; then, the fraud was discovered. Is there a precedent to ask DHCR to re-open the case, investigate the fraud, and re- issue a decision?

As always, thanks for your help!!

[Phil Cohen]

I'm not familiar with the first part. My sense is "probably not."
As to the second part of your question--ordinarily a PAR can only be appealed via an Article 78 proceeding in state Supreme Court. There is a (90 day? 60 day?) time limit for that. You'll need a lawyer.
Can you ask the DHCR to reconsider? Yes, but such requests are rarely granted. The DHCR just doesn't give a shit that landlords commit fraud.

[Lilly]

Statute of Limitations on Fraud is 6 years. Take the LL to housing court for the overcharge/fraud-DHCR is a waste of time.