Landlord Proves Existence of Missing Lease

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, and ordered landlord to refund $11,600, including triple damages. The base rent date for tenant's complaint was Nov. 26, 2004. Since landlord couldn't provide a copy of tenant's renewal lease for the period starting Nov. 1, 2006, and ending Oct. 31, the DRA disallowed any rent increase for this period. Landlord appealed and won. There was sufficient proof to show that the missing lease existed. Tenant made reference to this lease in her complaint and listed the monthly rent charged during that renewal term as the amount stated in that renewal. The renewal lease also was listed in annual apartment registrations filed in a timely manner with the DHCR during 2006 and 2007. Landlord's payment ledgers also showed that tenant paid the renewal rent throughout the renewal lease period. The total overcharge, which still included triple damages, was reduced to $3,500.

556 West 185th I, LLC: DHCR Adm. Rev. Docket No. YD410042RO (7/2/10) [5-pg. doc.]