Landlord Didn't Prove Base Date Rent

Tenant complained of a rent overcharge. The DRA ruled against tenant. The DRA found that the base date rent was $1,500. Since tenant paid $1,400 when he moved in, there was no overcharge. Tenant appealed, claiming that landlord didn't prove the base date rent. Landlord had registered the apartment as vacant on the 1997 base date. But after tenant filed her complaint, landlord amended the registration, listing a prior tenant paying $1,500. The DHCR held a hearing to re-examine the issue and ruled for tenant. Landlord produced a lease and an affidavit from prior tenant, who didn't appear at the hearing. Landlord submitted one check from prior tenant for $2,400 and a copy of a rent ledger showing payments from prior tenant during some periods when new tenant had already moved in. Prior tenant stated that he lived in the apartment from November 1996 until the summer of 1997. But landlord had claimed that the apartment was vacant by spring 1997, when he made apartment improvements. Landlord's proof wasn't sufficient to show whether the apartment was vacant on the base date, occupied by the claimed prior tenant or by another prior tenant. So landlord didn't prove the base date rent. The DHCR reduced tenant's rent by using its default formula. The total overcharge, including triple damages, was $86,000.

Shetty: DHCR Adm. Rev. Dckt. No. RH410015RT (10/25/04) [4-pg. doc.]