Landlord Didn't File Operation and Maintenance Schedules

Nassau County rent-stabilized tenant complained of a rent overcharge. Tenant claimed that landlord wasn't entitled to collect renewal lease increases in 2005 and 2007 because landlord hadn't filed operation and maintenance schedules with the local District Rent Office. This barred the collection of lawful rent guideline increases. The DRA ruled for tenant and ordered landlord to refund $7,350. Landlord appealed, claiming that this restriction didn't apply. The DHCR ruled against landlord. Tenant's building had been placed on the "D-1" list. Under Nassau County Rent Guidelines Order Number 39, landlords who failed to file operation and maintenance data with the board were placed on this list and not permitted to collect rent guideline increases. So the DRA correctly found that landlord had overcharged tenant during the two-year renewal term in question.

Suburban Associates: DHCR Adm. Rev. Docket No. WA710022RO (5/30/08) [4-pg. doc.]