Landlord Didn't Submit Lease or Ledger to DHCR

February 12, 2020

LVT Number: #30622

The DHCR's Tenant Protection Unit (TPU) filed a complaint with the DRA claiming that landlord had overcharged tenant. The DRA found there was a willful overcharge since landlord failed to produce sufficient proof of the rent charged on the base date. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that it had submitted sufficient proof of the base date rent. But the Rent Stabilization Code requires landlord to submit either a lease or rent ledger.

The DHCR's Tenant Protection Unit (TPU) filed a complaint with the DRA claiming that landlord had overcharged tenant. The DRA found there was a willful overcharge since landlord failed to produce sufficient proof of the rent charged on the base date. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that it had submitted sufficient proof of the base date rent. But the Rent Stabilization Code requires landlord to submit either a lease or rent ledger. Landlord submitted only a "tenant summary" indicating that the apartment was vacated on Aug. 31, 2012. So, landlord failed to submit sufficient records, and the DHCR's decision had a rational basis. 

15 Humboldt LLC v. DHCR: Index No. 2435/2019, 2020 NY Slip Op 30071(U) (Sup. Ct. Kings; 1/7/20; Baily-Schiffman, J)

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