Landlord Must Produce Rent Records from 1980

April 1, 1994

LVT Number: 8698

Tenant complained of a rent overcharge. The DHCR ruled for tenant based on landlord's default. Landlord appealed, claiming he wasn't required to produce all the rent records the DHCR requested. The lower court and appeals court ruled against landlord. Under the Rent Stabilization Code, landlord must keep rent records from four years before the initial or most recent registration. Tenant's complaint was filed in 1984. So, landlord was required to prove the rent history back to 1980.

Tenant complained of a rent overcharge. The DHCR ruled for tenant based on landlord's default. Landlord appealed, claiming he wasn't required to produce all the rent records the DHCR requested. The lower court and appeals court ruled against landlord. Under the Rent Stabilization Code, landlord must keep rent records from four years before the initial or most recent registration. Tenant's complaint was filed in 1984. So, landlord was required to prove the rent history back to 1980. Landlord didn't do this, so the DHCR was reasonable in applying an alternate formula to calculating the legal rent.

Baig v. NYS DHCR: NYLJ, p. 32, col. 5 (3/7/94) (App. Div. 2 Dept.; Balletta, JP, Pizzuto, Friedmann, Krausman, JJ)

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