Landlord Need Not Submit Old Rent Records

LVT Number: 9460

The DHCR ruled that landlord had willfully overcharged tenant, because landlord didn't submit rent records going back to June 1975. Landlord appealed, arguing that it need only submit a rent history for the four years before the most recent registration because tenant had filed his overcharge complaint after April 1, 1984. The court ruled for landlord, and the DHCR appealed. The appeals court also ruled for landlord, and sent the case back to the DHCR to reconsider the rent history.

The DHCR ruled that landlord had willfully overcharged tenant, because landlord didn't submit rent records going back to June 1975. Landlord appealed, arguing that it need only submit a rent history for the four years before the most recent registration because tenant had filed his overcharge complaint after April 1, 1984. The court ruled for landlord, and the DHCR appealed. The appeals court also ruled for landlord, and sent the case back to the DHCR to reconsider the rent history. Since tenant had filed the overcharge complaint after April 1, 1984, landlord only had to supply rent records going back four years from the most recent registration.

Giffuni Bros. v. DHCR: NYLJ, p. 26, col. 4 (1/26/95) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ross, Asch, Tom, JJ)