Landlord Proved His Own Two-Year Occupancy of Apartment

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding that landlord had defaulted. Landlord didn't have leases dating back to the lease date of April 1, 1980. Landlord appealed, arguing that the base date was Sept. 1, 1982, when tenant moved into the apartment. Landlord claimed that he himself had lived in the apartment with his son between 1978 and 1982. The court sent the case back to the DHCR for further consideration of landlord's claims, and the DHCR ruled for landlord. Landlord submitted sworn statements from the building's superintendent and another tenant, stating that landlord had been there during the time in question. And, landlord submitted school records showing that his son also lived at the apartment between 1978 and 1982. There was no rent overcharge.

794 President Street, Apt. 2L: DHCR Adm. Rev. Dckt. No. AL 210059-RO (9/3/93) [2-page document]