Landlord Proved Rent Charged from Base Date

Tenant complained of a rent overcharge. The DRA ruled for tenant, based on landlord's default. Landlord didn't submit leases from the April 1, 1984, base date. Landlord appealed, claiming it had submitted all leases. The DHCR ruled for landlord. Tenant's complaint listed rents from 1980 through 1985. Tenant didn't dispute landlord's claim that tenant wouldn't sign leases until 1987. In 1984, 1985, and 1986, landlord and tenant acted as if tenant were getting one-year renewal leases. It was appropriate to deem one-year renewal leases for those years---especially since the increases landlord had charged for those deemed lease periods were less than she could have charged.

53 Newell Street, Apt. 4L: DHCR Adm. Rev. Dckt. No. FG 210183-RO (12/30/93) [5-page document]