Further Review of First Rent Needed for HDFC Apartment

Tenant complained of a rent overcharge. Tenant claimed that his base date rent in June 2002 was $400 per month. Landlord claimed that it was $650. The DRA ruled for tenant and ordered landlord to refund $7,400 with interest. Landlord appealed, arguing that after the City of New York had foreclosed on the building, landlord had asked tenants to provide missing rent history information. Tenant told landlord that his rent was $650 per month. Tenant paid that amount for two years, then filed his complaint. Landlord said that the DHCR should investigate the rent history further. The DHCR ruled for landlord. Landlord had rehabilitated low- to moderate-income housing, and rent increases should be based on rent actually charged when it took over the building. Tenant submitted no proof of $400 rent. The case was sent back for further investigation, including tenant's submission of rent checks or receipts showing how much rent was previously paid.

Neighborhood Restore HDFC: DHCR Adm. Rev. Docket No. VA410034RO (7/19/07) [2-pg. doc.]