Landlord Didn't Submit Rent Records

February 1, 2000

LVT Number: 13860

Tenant complained of a rent overcharge in 1986. Despite repeated requests from the DRA, landlord didn't submit rent history records for the apartment. The DHCR applied its default formula to calculate a rent overcharge totaling $48,000. Landlord appealed and lost. The DHCR's decision was reasonable. Landlord didn't submit the rent records needed to establish the legal stabilized rent. So the DHCR properly used its default formula, which has been upheld by the courts.

Tenant complained of a rent overcharge in 1986. Despite repeated requests from the DRA, landlord didn't submit rent history records for the apartment. The DHCR applied its default formula to calculate a rent overcharge totaling $48,000. Landlord appealed and lost. The DHCR's decision was reasonable. Landlord didn't submit the rent records needed to establish the legal stabilized rent. So the DHCR properly used its default formula, which has been upheld by the courts.

Clear Holding Co. v. DHCR: NYLJ 1/21/00, p. 31, col. 4 (App. Div.2 Dept.; Ritter, JP, Sullivan, Goldstein, Miller, JJ)

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