Landlord Didn't Produce Base Date Lease

Tenant complained of rent overcharge. The DRA ruled for tenant, using the DHCR’s default formula, and ordered landlord to refund $23,000, including triple damages. Landlord appealed and lost. Landlord didn’t submit proof of the base date rent occurring four years before tenant filed his complaint. So, the DRA properly applied the default formula #2 to calculate the legal rent. And landlord’s failure to submit a full rent history or to justify the legality of tenant’s rent warranted a finding of willful rent overcharge and triple damages.

M.C. O’Brien Service Corp.: DHCR Adm. Rev. Docket No. DS210023RO (10/7/15) [5-pg. doc.]