Landlord Can't Use Prior Records to Prove Base Date Rent

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge. The prior tenant's rent was $900.50. Landlord added a 17.5 percent vacancy increase plus an apartment improvement increase of $145.08 for kitchen renovations. Landlord submitted copies of an invoice and cancelled checks to prove the 1/40th improvements. Landlord submitted copies of renewal leases for the periods from May 1, 2000, to April 30, 2002, and from May 1, 2004, to April 30, 2006; a vacancy lease from July 1 , 2006, to April 30, 2006; and apartment registrations from 2002 through 2006. Landlord admitted that the lease from May 1, 2002, to April 30, 2004, was missing. The DRA ruled for tenant based on landlord's default and ordered landlord to refund $19,000, including triple damages. Landlord appealed, arguing that the DRA could calculate the legal rent from the lease records submitted, because they were from before and after the base date. The DHCR ruled against landlord. Landlord bought the building in January 2002, before the December 2002 base date for tenant's complaint. There was no excuse for landlord's failure to produce the base date lease. Apartment registrations couldn't substitute for lease or rent ledgers as proof of base date rent. Tenant also claimed that no kitchen renovation was done before he moved in, which was confirmed by the DHCR inspection.

M 1849 LLC: DHCR Adm. Rev. Docket No. VK610056RO (3/14/08) [2-pg. doc.]