DHCR Won't Consider Lease Records Submitted for the First Time with Tenant's PAR

LVT Number: # 33319

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant. The base rent date was June 14, 2015, all monthly rent adjustments since the base date had been lawful, and there were no overcharges. Tenant appealed and lost. Tenant claimed that the DRA mistakenly found that tenant was a month-to-month tenant for the period from Oct. 1, 2020, to Sept. 30, 2022, and submitted for the first time a renewal lease for the period between Oct. 1, 2021, to Sept.

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant. The base rent date was June 14, 2015, all monthly rent adjustments since the base date had been lawful, and there were no overcharges. Tenant appealed and lost. Tenant claimed that the DRA mistakenly found that tenant was a month-to-month tenant for the period from Oct. 1, 2020, to Sept. 30, 2022, and submitted for the first time a renewal lease for the period between Oct. 1, 2021, to Sept. 30, 2022.  Under RSC Section 2529.6, the DHCR couldn't accept this document for the first time with tenant's PAR and, in any event, there was no overcharge. 

Roker: DHCR Adm. Rev. Docket No. LW610009RT (12/12/23)[2-pg. document]