Insufficient Proof of Prior Owner Occupancy

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge because the apartment was owner occupied before tenant moved in. Landlord also claimed that apartment improvements had been made. The DRA ruled for tenant based on landlord's failure to submit sufficient proof of the claimed owner occupancy. Landlord was ordered to refund $39,000 to tenant, including interest. Landlord appealed, and submitted a sworn statement from prior landlord with its PAR. Landlord claimed that it had difficulty obtaining documentation since prior landlord owned the building on the base date. Landlord also pointed out that 1984 registration and later annual registrations listed prior landlord as tenant. Landlord claimed that lease periods and rent amounts included with these rent registrations were fictitious and didn't actually reflect that rent was charged. The DHCR ruled against landlord. Landlord didn't submit prior landlord's statement to the DRA although it obtained four extensions to submit information requested by the agency. The rent registrations indicated that the apartment was rented under lease agreements for the periods in question.

Zef Balaj Lunal Realty LLC: DHCR Adm. Rev. Docket No. VL910003RO (4/15/08) [5-pg. doc.]