Landlord Proved Base Date Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding some overcharge. Tenant appealed, claiming that the base date rent wasn't valid. The base date lease produced by landlord showed that the rent was $1,435.68, but the registered rent for that year was $1,436. Also the base date lease was signed by the building's prior landlord and didn't state the name of the new landlord. Tenant also claimed that apartment improvements upon which the base date rent was based weren't proved. The DHCR ruled against tenant. The base date lease signed by prior landlord was valid. It wasn't necessary to put new landlord's name on the lease. The discrepancy between the registered rent and the base date lease rent was minor and obviously indicated merely a rounding off of the rent amount. The base date rent itself isn't subject to challenge, so landlord didn't have to justify any apartment improvement costs that were added to that rent.

Walker: DHCR Adm. Rev. Docket No. UL410022RT (9/4/07) [2-pg. doc.]