Landlord Didn't Provide Complete Rent History

Facts: Tenant complained of a rent overcharge. She filed her complaint in September 1984. The DRA asked landlord for rent history data back to April 1, 1980. Landlord submitted rent history only back to August 1980, stating that it had no further records. The DRA ruled for tenant based on landlord's default and reduced tenant's rent to the lowest stabilized rent in the building. The DRA found a willful rent overcharge and assessed triple damages. The DHCR affirmed. Landlord appealed, claiming that the DHCR should have searched for the missing rent history in its own records and that it was improper to use the rent history of an apartment from a different line in the building to set tenant's rent. Court: Landlord loses. Rent Stabilization Code Section 2523.7(c) requires landlord to maintain rental history of an apartment for ''four years prior to the initial or most recent annual registration for such accommodation.'' This requirement that owners submit complete rental histories for rent overcharge complaints is rational and consistent with the intent of the law. And since landlord didn't produce the required rental history, the lawful rent was established by using the lowest of three amounts under a three-part test upheld by the Court of Appeals in prior cases. Landlord owned the building since 1979, so it had no excuse for not having the records. It wasn't DHCR's responsibility to maintain such records.

K.S.R. & Co. v. DHCR: NYLJ, p. 29, col. 5 (3/6/96) (Sup. Ct. Queens; Lonschein, J)