Landlord Didn't Prove Base Date Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to provide rent history records. The DRA found there was a willful overcharge for a three-year period and ordered landlord to refund $104,000 to tenant. Landlord appealed, claiming that rent registration information was complete for the apartment and so the DRA shouldn't have used the default method to calculate the rent overcharge. The DHCR ruled against landlord. The DRA repeatedly asked landlord to submit a lease or other rent record to prove the base date rent. Landlord didn't do so. Rent registration isn't a proper substitute for these documents. Landlord was warned by the DRA that failure to submit rent history records would result in use of the default method to calculate the overcharge and triple damages.

Edgecombe Equity Assocs., LLC: DHCR Adm. Rev. Dckt. No. RF410068RO (9/3/03) [3-pg. doc.]