Landlord Proves It Never Received Notice of Overcharge Complaint
LVT Number: #32928
Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied the default formula to set the 2014 base date rent because landlord failed to provide a lease and/or rent ledger in effect on the base date. The DRA directed landlord to refund $6,590, including triple damages. Landlord appealed and won. Landlord stated that it never received notice from the DRA of tenant's complaint and showed that the DHCR had sent notice to the address listed as the owner's address on tenant's complaint. This was not in fact the owner's address. So, the DHCR accepted documents submitted by landlord for the first time on appeal. Landlord submitted leases for all periods back to the base date, and there was no rent overcharge.
462 East 52 LLC: DHCR Adm. Rev. Docket No. LQ210003RO (8/23/23)[3-pg. document]