Proof of Fewer Than Six Apartments on Base Date Was Insufficient

February 16, 2016

LVT Number: #26795

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $61,350, including triple damages. Landlord appealed and won, in part. Landlord had claimed that the building was converted from six apartments to three apartments before the ETPA went into effect. Therefore, landlord claimed, the building wasn’t subject to rent stabilization. The DHCR ruled that landlord’s proof of conversion to three apartments was insufficient. But tenants waited 20 years before complaining, and landlord had reason to believe that the building was unregulated.

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $61,350, including triple damages. Landlord appealed and won, in part. Landlord had claimed that the building was converted from six apartments to three apartments before the ETPA went into effect. Therefore, landlord claimed, the building wasn’t subject to rent stabilization. The DHCR ruled that landlord’s proof of conversion to three apartments was insufficient. But tenants waited 20 years before complaining, and landlord had reason to believe that the building was unregulated. So triple damages were revoked. The overcharge due to tenant with interest was $24,455.

 

 

 

Polisi Realty LLC: DHCR Adm. Rev. Docket No. ZG210006RO (12/17/15) [5-pg. doc.]

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