Landlord Failed to Submit Proof of Renewal Lease to Rent Administrator

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $825, including triple damages. Landlord appealed and lost. There was an overcharge for 10 months because landlord collected $22.50 per month overcharge the $550 legal rent without renewing tenant's lease. The legal rent remained frozen while the rent-stabilized tenant was month-to-month. Landlord argued that it had renewed the lease and submitted a copy of the renewal with its PAR. Tenant also admitted that she signed the renewal lease that became effective on Aug. 1, 2023. But landlord didn't submit the renewal lease to the DRA and, pursuant to RSC Section 2529.6, the DHCR wouldn't consider new evidence submitted for the first time on appeal. Landlord gave no reasonable excuse for failing to submit the renewal lease to the DRA even though the DRA sent landlord a treble damage notice stating that overcharge damages would be based on the fact that landlord increased tenant's rent without offering a renewal lease.

617 56th Street LLC: DHCR Adm. Rev. Docket No. MU210013RO (3/11/25)[2-pg. document]