Landlord Overcharged Hotel-Stabilized Tenant

Hotel-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,478, including triple damages. Landlord appealed and lost. The rent roll submitted by landlord didn't show how many vacant units were in the building. It listed only the number of rooms that landlord claimed were rented and, of that number, only those claimed to be rented to rent-stabilized tenants. Since landlord didn't provide information on the total number of rooms in the building, which should have included all dwelling rooms, whether occupied or vacant, it hadn't proven that 85 percent of the total rooms in the hotel were occupied by rent-stabilized tenants who paid no more than the legal regulated rent on Oct. 1, 2008.  

1234 Broadway LLC: DHCR Adm. Rev. Docket No. ZL410028RO (12/3/12) [2-pg. doc.]