Landlord Didn't Prove High-Rent Deregulation in Effect on Base Date

Tenant complained of rent overcharge. Landlord claimed that the building previously received J-51 benefits, now expired, and that the apartment was deregulated. The DRA found no overcharge but ruled that the apartment was rent stabilized. Landlord appealed and lost. The DRA properly found that the base date rent was $1,700 based on lease records. Landlord submitted no leases showing that there was a higher legal regulated rent prior to the July 2010 base date. While landlord claimed that the legal base date rent was higher than the rent collected, landlord didn’t preserve the higher rent and the lease in effect on that date listed only one rent. 

Fifth Lenox Terrace Associates: DHCR Adm. Rev. Docket No. EM410001RO (7/12/16) [6-pg. doc.]