DHCR Uses Default Method to Calculate Legal Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $21,000, including triple damages. Landlord appealed and lost. Landlord claimed that the DRA shouldn't have used the default method in setting the legal base date rent, because tenant's rent had been registered annually and tenant never challenged the registered rents. But landlord didn't submit any rental history records to the DRA, as requested. Rent registration statements are insufficient to prove an apartment's rent history. And a rent-stabilized tenant can't waive his rights. So the fact that tenant didn't object to rent registration statements didn't change landlord's obligation to submit rent history records in response to an overcharge complaint. 

JJL Realty Corp.: DHCR Adm. Rev. Docket No. ZC610049RO (9/30/13) [3-pg. doc.]