Base Date Rent Was Less than Landlord Claimed

Tenant complained of a rent overcharge. She claimed that she paid $600 per month when she moved in, and had no written lease. Later, landlord raised her rent to $750. Landlord claimed that tenant's husband paid $800 per month on the base date. This was the registered rent. Landlord also submitted prior tenant's lease and a sworn statement from tenant's husband that he paid $800. Tenant remained in the apartment after her husband moved out, and denied that her husband paid $800. The DRA ruled for tenant. Landlord appealed and lost. Tenant submitted rent checks documenting monthly payments of $600, not $800. And although landlord produced a lease supposedly signed by tenant's husband, rent registration data didn't state any lease period. This supported tenant's claim that she had no lease. Landlord didn't submit any documentary proof that tenant's husband paid $800.

A.J. 2628 Corp.: DHCR Adm. Rev. Dckt. No. SE210077RO (7/16/04) [2-pg. doc.]