Landlord Didn't Prove Legal Regulated Rent Was Higher Than Actual Rent Paid

Tenant complained of rent overcharge. He claimed that landlord had been registering the apartment’s legal regulated rent as $1,652 while charging tenant only $892.  Landlord argued that $892 was the “actual” rent paid and was registered as such, along with the higher legal regulated rent. The difference was due to SCRIE benefits received by tenant. The DRA ruled for tenant because his renewal leases showed that the legal rent charged was the lower amount. Landlord appealed and lost. Landlord failed to show how the legal regulated rent was $1,652. Neither the renewal leases nor rent ledgers reflected this amount as the legal regulated rent. The base date rent was $809, and lawful rent increases after that must be based on that base date rent.

CDC East 105th Street Realty LP: DHCR Adm. Rev. Docket No. ES410058RO (2/13/17) [3-pg. doc.]