Landlord Didn't Submit Proof of Vacancy Lease Rider

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $46 including interest. The overcharge finding was based on the fact that tenant’s vacancy lease didn’t include a rider informing tenant that MCI rent increase applications were pending before the DHCR at the time tenant moved in. Therefore, MCI rent increases granted to landlord weren’t collectible during the term of tenant’s initial lease. Landlord appealed and lost. Landlord produced a copy of the missing vacancy lease rider signed by tenant in 2013, which informed tenant of the pending MCI applications. But Rent Stabilization Code Section 2529.6 limits review on the PAR level to facts or evidence presented the DRA unless a party has a reasonable explanation for why information wasn’t submitted to the DRA. The DRA had asked landlord to submit complete leases, including any riders, but landlord failed to do so. 

BPP PCV Owner LLC: DHCR Adm. Rev. Docket No. EQ410022RO (10/12/16) [3-pg. doc.]