$109,000 Overcharge Was in Error

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history from the 2004 base date. Using its default method, the DHCR calculated the rent overcharge to be $109,636 including triple damages. Landlord appealed, and the DHCR ordered the DRA to reconsider since it appeared that landlord had submitted the requested rent history. The DRA did so and found no overcharge and that tenant never paid rent in excess of a preferential rent. Tenant then appealed and lost. Landlord had submitted a full rent history to the DRA when initially requested. Tenant questioned the cost of individual apartment improvements made before he moved into the apartment and landlord's relationship with its contractor. But landlord submitted detailed invoices and canceled checks to support the cost of the work, and there was no indication that the costs were inflated. 

Hall: DHCR Adm. Rev. Docket No. ZF10010RT (5/30/13) [2-pg. doc.]