Landlord Didn't Submit Rent History Records to DRA

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant and ordered landlord to refund $37,400, including interest and triple damages. The DRA set the base date rent-stabilized rent by applying the default rent formula because landlord failed to submit a copy of the base date lease. Landlord appealed and lost. Landlord claimed that the apartment was deregulated on the 2013 base date because the 2011 legal rent was $2,975. But landlord didn't submit to the DRA a base date lease or complete rent history at any time. So the DHCR couldn't consider that document on appeal. And, even if the base date lease was now considered, the base date renewal lease was written on a DHCR rent-stabilized lease renewal form. And that renewal lease indicated that the prior rent was $1,425. All of tenant's subsequent renewal leases were also given to tenant on rent-stabilized lease forms. Landlord also repeatedly referred to preferential rents since the base date, and preferential rents exist only in rent-stabilized apartments. The DRA also correctly imposed triple damages since the imposition of the default rent formula carries with it a presumption that the overcharge was willful. 

364-368 Realty LLC: DHCR Adm. Rev. Docket No. GN210033RO (2/19/19) [4-pg. doc.]