Landlord Didn't Submit Four-Year Rent History

January 25, 2016

LVT Number: #26744

Tenant complained of rent overcharge in 2012. She moved into the apartment in December 2009 at a rent of $962 per month. Landlord claimed that tenant’s initial rent was calculated based on the city’s Human Resources Administration Advantage Program criteria and tax credit. Landlord gave tenant a lease rider in 2009 stating that the rent was at or below the lawful rent-stabilized rent. The DRA ruled for tenant and ordered landlord to refund $33,600, including interest and triple damages, based on landlord’s failure to submit a full rental history.

Tenant complained of rent overcharge in 2012. She moved into the apartment in December 2009 at a rent of $962 per month. Landlord claimed that tenant’s initial rent was calculated based on the city’s Human Resources Administration Advantage Program criteria and tax credit. Landlord gave tenant a lease rider in 2009 stating that the rent was at or below the lawful rent-stabilized rent. The DRA ruled for tenant and ordered landlord to refund $33,600, including interest and triple damages, based on landlord’s failure to submit a full rental history. Landlord appealed and lost. Landlord failed to submit a copy of the September 2008 base date lease. So the DRA properly used the default formula in determining the overcharge.

 

 

 

Aldus St. Assoc. LP: DHCR Adm. Rev. Docket No. DT610029RO (11/13/15) [4-pg. doc.]

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