Landlord Proved 1981 Base Date

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant filed a complaint of rent overcharge. Landlord claimed that the apartment had been rent-controlled until sometime in 1981, just before tenant had moved in. The DRA found that landlord didn't submit enough proof of this. The DRA ruled for tenant because landlord didn't submit a complete rent history. Landlord appealed, and the DHCR ruled for landlord. The DHCR's records showed that the apartment was rent-controlled as late as 1979. Tenant herself already lived in the building, and stated in her complaint that the prior rent-controlled tenant had lived in the apartment for more than 15 years. Landlord submitted a full rent history covering the brief period that the apartment had been rent-stabilized. But the case was reopened because tenant had also filed a fair market rent appeal. The DRA was directed to process that complaint.

Mohylyn: DHCR Adm. Rev. Dckt. No. CF 210291-RO (1/28/94) [2-page document]