Landlord Didn't Prove Two Apartments Were Combined into One

Tenant complained of a rent overcharge. Landlord claimed she'd combined two apartments to create tenant's apartment in 1978 and so could collect a first rent. The DRA ruled for tenant and found there was a willful rent overcharge. The DRA ordered landlord to refund $80,000 in overcharges, including triple damages, to tenant. Landlord appealed and lost. The DRA had asked landlord several times to submit proof of the renovation, such as copies of certificates of occupancy for the building before and after the renovation, floor plans, canceled checks, and receipts for work done. Landlord submitted only a copy of a 1978 contractor's estimate for renovation work and the front page of a copy of a 1979 contractor's bill for labor and materials. The canceled checks landlord submitted weren't made out to this contractor and didn't specify tenant's apartment. Landlord didn't show proof of when the two apartments were combined or of what improvements were made. Landlord also didn't provide a complete rent history for tenant's apartment dating back to June 30, 1974.

Miller/Spalten: DHCR Adm. Rev. Dckt. Nos. EC410505RO, HJ410221RT (2/6/98) [6-page document]