Landlord Didn't Comply with Lease Renewal Procedures

Nassau County tenant complained of a rent overcharge in 2007. Her initial rent was $1,350 per month under a one-year, five-month lease. Her rent increased to $1,407.38 under a two-year renewal in 2005, and to $1,439.05 under a two-year renewal in 2007. The DRA ruled for tenant and ordered landlord to refund $7,125, including triple damages for willful overcharge. The DRA froze tenant's rent at $1,350. Landlord appealed and lost. Landlord failed to submit proof of delivery of the RTP-8 renewal lease forms to tenant, despite the DRA's request. Even though tenant didn't claim any lease violation in her overcharge complaint, copies of certified mailings on file are a necessary part of the lease history documentation for apartments governed by the ETPA. Since landlord didn't prove that it properly offered tenant timely renewal leases, it couldn't collect any rent increases over tenant's initial lease. Landlord also failed to file Property Maintenance and Operations Cost Survey Schedules requested by the Nassau County Rent Guidelines Board. This request was sent in Spring 2004 to all owners of buildings for which this information was missing. The ETPA authorized the Rent Guidelines Board to request this information.

Ashland Properties, LLC: DHCR Adm. Rev. Docket No. WD710029RO (7/3/08) [4-pg. doc.]