Landlord Didn't Give Tenant Section 2503.8 Notice

Monsey tenant complained of a rent overcharge, claiming that she didn't know how the vacancy rent for her apartment had been calculated. Landlord argued that it had given the vacancy rent information to tenant verbally. The DRA found that landlord hadn't complied with Section 2503.8 of the Tenant Protection Regulations. So it reduced tenant's first rent to the amount that prior tenant had paid. This resulted in an overcharge, plus triple damages. Landlord appealed, arguing that the lease itself gave tenant enough notice, and that its verbal explanation of the prior rent was sufficient. The DHCR upheld the DRA's ruling. Section 2503.8 requires landlord to do two things: (1) give tenant written, not verbal, notice of the prior legal rent; and (2) show that it has followed guideline increases. The lease itself didn't satisfy these requirements.

Regency Village Management: DHCR Adm. Rev. Dckt. Nos. FK 810044-RO, FK 910020-RO (12/9/94) [6-page document]