Insufficient Proof Apartment Was Vacant on Base Date

Rent-stabilized tenant complained of a rent overcharge. Landlord claimed that the apartment was vacant on the base date four years before tenant filed her complaint, and that there was no overcharge. The DRA ruled against landlord and ordered her to refund $30,000, including triple damages. Landlord appealed and lost. Landlord submitted sworn statements from her mother and sister stating that they had lived in or occasionally used the apartment without paying rent. This was insufficient proof that the apartment was vacant on the base date. So the DRA correctly applied the DHCR's default method to calculate tenant's legal rent since there was no adequate rental history information provided by landlord.

Tran: DHCR Adm. Rev. Docket No. YL210041RO (10/26/11) [2-pg. doc.]