Default Method Properly Applied When No Base Date Rent History Documents Submitted

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and used the default method to set the base date rent because landlord didn’t submit full rent history documents. Landlord appealed and lost. Since landlord didn’t submit a full rent history, the DRA properly used the amended default method set forth under Rent Stabilization Code Section 2522.6(b)(3)(i). Since the rent charged on the base date couldn’t be determined and a full rent history from that date wasn’t provided by landlord, the DRA properly used the lowest registered rent for a comparable apartment for the building in effect on the date that the complaining tenant first occupied the apartment, as it resulted in the lowest rent when all the default methods were compared. Landlord was ordered to refund $19,821, including triple damages.

Malik: DHCR Adm. Rev. Docket No. DW410002RP (9/23/16) [4-pg. doc.]