Base Date Rent Registration Doesn't Prove Base Date Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default, and ordered landlord to refund $45,000, including triple damages. Landlord appealed and lost. Landlord argued that the base date rent could be determined by a review of the rent registered on that date. The DHCR ruled that the base date rent registration isn't acceptable proof of the base date rent. The base date rent must be proved by a lease or rent ledger. Landlord submitted no documentation of the base date rent. So the DRA correctly set the base rent by using the DHCR's default method.

Nathan Hale Gardens, Inc.: DHCR Adm. Rev. Docket No. UF610009RP (9/12/06) [2-pg. doc.]