Landlord Can't Submit Rent Records on Appeal

February 1, 1994

LVT Number: 8529

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit a copy of the lease in effect for the apartment on April 1, 1980. The DRA also found that the overcharge was willful, and assessed triple damages. Landlord appealed. With its PAR, landlord submitted the missing lease. Landlord claimed it had changed managing agents and moved its own office while the case was pending. The file containing the lease had been misplaced. The DHCR ruled against landlord. The DRA had sent landlord several notices requesting the missing lease.

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit a copy of the lease in effect for the apartment on April 1, 1980. The DRA also found that the overcharge was willful, and assessed triple damages. Landlord appealed. With its PAR, landlord submitted the missing lease. Landlord claimed it had changed managing agents and moved its own office while the case was pending. The file containing the lease had been misplaced. The DHCR ruled against landlord. The DRA had sent landlord several notices requesting the missing lease. Faulty recordkeeping wasn't a reasonable excuse for not submitting a complete rent history to the DRA. There was no change in ownership.

39-89 50th Street, Apt. 2J: DHCR Adm. Rev. Dckt. No. CL 110206-RO (12/24/93) [4-page document]

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