Default Formula Applied to Set Base Date Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $45,487, including triple damages and interest. The DHCR used its default formula to set the base rent because landlord didn't submit copies of the base date lease, ledger, or cancelled rent checks. Landlord appealed and lost. Landlord argued that the base date rent was registered at $1,100 per month. But landlord was unable to provide rent history documentation of the base date rent. So the DRA correctlyapplied the default formula and reduced the base date rent to $890.

Marone: DHCR Adm. Rev. Docket No. GN110012RO (11/2/18) [3-pg. doc.]