Landlord Didn't Submit Rent History Records

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $71,480, including triple damages and interest. Landlord appealed and lost. Landlord claimed that the apartment had been deregulated and that, in a 2017 court proceeding, tenant moved out and agreed to withdraw all DHCR proceedings. But landlord never responded to any of the DRA's numerous requests for apartment rent history. In the absence of proof of the base date rent, the DRA correctly set a base rent by using the statutory default formula. The DHCR wouldn't consider landlord's claim concerning deregulation and the apartment rent history for the first time on appeal. There also was no proof that tenant had withdrawn this complaint. The letter landlord submitted referred to another matter.

811 Classon LLC: DHCR Adm. Rev. Docket No. GP210019RO (1/11/19) [4-pg. doc.]