Landlord Didn't Submit Leases to Prove Rent History

September 30, 2011

LVT Number: #23665

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and ordered landlord to refund $6,000, including triple damages. Landlord appealed and lost. Landlord submitted copies of leases with his PAR and claimed there was no overcharge. But landlord failed to submit any rent history records to the DRA and gave no explanation as to why he failed to do so. The DHCR couldn't consider landlord's leases for the first time on appeal and properly used its default method to set tenant's legal rent and assess triple damages.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and ordered landlord to refund $6,000, including triple damages. Landlord appealed and lost. Landlord submitted copies of leases with his PAR and claimed there was no overcharge. But landlord failed to submit any rent history records to the DRA and gave no explanation as to why he failed to do so. The DHCR couldn't consider landlord's leases for the first time on appeal and properly used its default method to set tenant's legal rent and assess triple damages.

Latchman: DHCR Adm. Rev. Docket No. YK910024RO (8/23/11) [3-pg. doc.]

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