Landlord Didn't Submit Rent History

March 1, 1997

LVT Number: 11316

Tenant complained of a rent overcharge. The DHCR ruled for tenant based on landlord's default. Landlord appealed, claiming that, after vacancy decontrol, apartment was occupied by the building superintendent and that the value of the super's services should be deemed part of the rent history. The court and appeals court ruled against landlord. Landlord hadn't submitted proof of super's supposed tenancy. More importantly, landlord hadn't submitted any rent history to the DHCR. So it was proper for the DHCR to find a rent overcharge.

Tenant complained of a rent overcharge. The DHCR ruled for tenant based on landlord's default. Landlord appealed, claiming that, after vacancy decontrol, apartment was occupied by the building superintendent and that the value of the super's services should be deemed part of the rent history. The court and appeals court ruled against landlord. Landlord hadn't submitted proof of super's supposed tenancy. More importantly, landlord hadn't submitted any rent history to the DHCR. So it was proper for the DHCR to find a rent overcharge.

Hadis & Kleinman v. Halperin: NYLJ, p. 26, col. 3 (2/10/97) (App. Div. 1 Dept.; Murphy, PJ, Rubin, Tom, Andrias, JJ)

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