Rent Ledgers Prove Base Date

LVT Number: 8389

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit a complete rent history. Landlord appealed, claiming that the DRA had ignored rent ledgers it submitted. The DHCR ruled for landlord and accepted landlord's proof. The rent ledgers covered the period from April 1974 through November 1974, when tenant moved into the apartment. The ledgers showed that tenant's apartment was rent-controlled on April 1, 1974, and that the rent stayed the same through October 1974.

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit a complete rent history. Landlord appealed, claiming that the DRA had ignored rent ledgers it submitted. The DHCR ruled for landlord and accepted landlord's proof. The rent ledgers covered the period from April 1974 through November 1974, when tenant moved into the apartment. The ledgers showed that tenant's apartment was rent-controlled on April 1, 1974, and that the rent stayed the same through October 1974. The ledgers also showed that the rent-controlled tenant's name was crossed out in November and that tenant's name was written in. The base date was, therefore, Nov. 1, 1974. Landlord had provided a rent history from this date, so there was no default. But, there was still some overcharge.

65 Morton Street, Apt. 6-H: DHCR Adm. Rev. Dckt. Nos. BL 410146-RT, BL 410307-RO (10/27/93) [6-page document]

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