Landlord Proves Apartment Rent History

LVT Number: #23846

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $39,000, including triple damages. The overcharge was determined using the DHCR's default method since landlord didn't submit the requested rent history. Landlord appealed and won, in part. Landlord had in fact submitted rent history records to the DRA, so they were considered on appeal. Landlord's records showed two prior tenants between the base date and the date that tenant moved in.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $39,000, including triple damages. The overcharge was determined using the DHCR's default method since landlord didn't submit the requested rent history. Landlord appealed and won, in part. Landlord had in fact submitted rent history records to the DRA, so they were considered on appeal. Landlord's records showed two prior tenants between the base date and the date that tenant moved in. Tenant claimed that only the base date tenant lived in the apartment and submitted statements from other tenants saying they didn't know the immediately prior tenant landlord claimed lived there. But before tenant moved in, landlord had registered the apartment with the DHCR naming the disputed tenant. And landlord's rent history printouts appeared genuine. The DHCR did disallow claimed individual apartment improvements because landlord's documentation showed the work wasn't done during apartment vacancy. The total overcharge including triple damages was reduced to $17,600.

CVEL Realty Corp.: DHCR Adm. Rev. Docket No. YG210074RO (11/23/11) [5-pg. doc.]

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