Proof of Tenant's Rent Payments Not Needed

Rent-stabilized tenant complained of a rent overcharge shortly after new landlord bought the building. Landlord claimed that it wasn't responsible for any overcharge by prior landlord. The DRA ruled for tenant and ordered landlord to refund $8,000, including triple damages. Landlord appealed and lost. Among other things, landlord argued that tenant didn't prove he'd made rent payments to prior landlord. But tenant wasn't required to submit proof of rent payments unless there was a question as to whether tenant actually made the payments. Landlord didn't raise that question before the DRA. And under the Rent Stabilization Law, landlord was responsible for any overcharge by prior landlord during the four-year period before the date of tenant's complaint.

Nohrenberg: DHCR Adm. Rev. Docket No. XG410006RO (9/18/09) [3-pg. doc.]