Failure to Obtain Lease Records at Building Purchase No Defense

LVT Number: #30533

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $31,500, including triple damages. Landlord appealed and lost. Landlord argued that it didn't own the building at the time the overcharge occurred and had no lease records. But apartment registrations are unaudited statements from the landlord and therefore not reliable proof of the legal base date rent. Without proof of the base date rent, the DRA properly applied the statutory default rent formula to set a base date rent.

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147th Apt LLC: DHCR Adm. Rev. Docket No. GU410016RO (10/10/19) [3-pg. doc.]