Landlord Didn't Submit Prior Leases

August 31, 1998

LVT Number: 12623

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed, claiming that in calculating the legal rent, the 1984 base rent should have been increased by the amount permitted under the rent guidelines during prior tenant's leases. The court ruled against landlord. Landlord never submitted copies of prior tenant's leases to the DHCR. Landlord submitted copies only of current tenant's leases. The DHCR had asked landlord several times for copies of leases for the period from April 1, 1984, to July 1, 1987, but landlord didn't submit them.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed, claiming that in calculating the legal rent, the 1984 base rent should have been increased by the amount permitted under the rent guidelines during prior tenant's leases. The court ruled against landlord. Landlord never submitted copies of prior tenant's leases to the DHCR. Landlord submitted copies only of current tenant's leases. The DHCR had asked landlord several times for copies of leases for the period from April 1, 1984, to July 1, 1987, but landlord didn't submit them. The DHCR's decision, granting landlord a vacancy increase and apartment improvement increases above the April 1, 1984, base rent rather than a higher rent amount, was reasonable.

Ramos v. DHCR: NYLJ, p. 22, col. 5 (8/12/98) (Sup. Ct. NY; Bransten, J)

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