Landlord Didn't Notify DHCR of Change in Ownership

Tenant complained of a rent overcharge. The DRA ruled for tenant after landlord didn't answer the complaint. The DHCR used a default method to set the base rent at $708 per month and froze the rent at that level based on landlord's failure to register the apartment for the years 1999 through 2003. The DRA also found a willful overcharge and assessed triple damages. Landlord appealed, claiming that she never received the DRA's notices and requests for further information on tenant's complaint because the DHCR sent the notices to the wrong address. The DHCR ruled against landlord. Landlord bought the building in 1996. Under Rent Stabilization Code Section 2523.8, landlord was required to notify the DHCR of the change in ownership within 30 days of transfer of the building. Landlord never did so. Also, landlord's claim of nonreceipt was suspicious because landlord received the DRA's order. The order was sent to the same address as the DRA's notices.

Rosenblum: DHCR Adm. Rev. Dckt. No. RI210038RO (3/9/04) [3-pg. doc.]