DHCR Must Reopen Case to Consider Rent History Records

Tenant complained of rent overcharge and claimed that landlord never gave her any leases, never advised her that her $316 rent wasn't the legal regulated rent, and that landlord violated an HPD regulatory agreement. Landlord answered that prior DHCR and court cases had resolved the issues raised by tenant. The DRA found no overcharge, but ruled that the base date rent was $316 since landlord submitted no rent history documents.

Landlord appealed and claimed that the legal regulated rent was $1,450 as registered. Landlord submitted rent history records and claimed that they weren’t submitted previously due to law office failure by its attorneys. Landlord also submitted a prior court order that determined that $316 wasn’t the legal rent. The DHCR wouldn’t accept additional documents submitted by landlord with its appeal and ruled against landlord.

Landlord then filed an Article 78 court appeal. The court vacated the DHCR’s decision and sent the case back for further consideration. The case was sent back to the DRA to review additional information submitted by landlord in order to determine the legal rent.

Kensington Heights Assoc. LP: DHCR Adm. Rev. Docket No. FM610005RP (2/15/17) [3-pg. doc.]