Rent Ledgers Showed Base Date Rent

LVT Number: 10707

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord was unable to submit leases to prove the rent stabilization base date. The DRA therefore ruled for tenant, finding a rent overcharge. Landlord appeal-ed, arguing that it had submitted rent ledgers, which the DRA rejected as proof of the base date. The DHCR ruled for landlord.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord was unable to submit leases to prove the rent stabilization base date. The DRA therefore ruled for tenant, finding a rent overcharge. Landlord appeal-ed, arguing that it had submitted rent ledgers, which the DRA rejected as proof of the base date. The DHCR ruled for landlord. At the DRA's request, landlord had submitted a copy of the rent ledger two months prior and two months after the date of decontrol of the apartment. The rent ledger submitted showed the name of a prior rent-controlled tenant and the amount of rent paid. Landlord's records were consistent with DHCR's rent control records. There was no rent overcharge.

440 W. 34th St. Co.: DHCR Adm. Rev. Dckt. No. JK410223RO (5/24/96) [2-page document]

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