Landlord Didn't Submit Leases for Prior Tenants

Tenant complained of a rent overcharge. Landlord was unable to submit complete lease records for four years because he didn't receive them from prior landlord. Landlord pointed out that there were two prior tenants listed in annual registration records for the period in question. The DRA ruled against tenant. Tenant appealed and won. Landlord didn't prove that there were two prior tenants before tenant moved in. Rent registration records weren't enough. Landlord was required to submit rent history records for the four-year period before tenant filed his complaint. The DHCR disallowed any vacancy increase for claimed prior tenants of whom no proof was submitted.

Kelly: DHCR Adm. Rev. Dckt. No. ND410096RT (7/27/01) [6-pg. doc.]