Landlord Submitted Rent Records After Default Notice Issued

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default. The DRA ordered landlord to refund $7,000 to tenant, including triple damages for willful overcharge. Landlord appealed, claiming that there was no default. While the case was pending, the DRA sent landlord a final notice of triple damages because landlord had submitted no rent history documents in response to the notice of tenant's complaint. Four days later, landlord submitted copies of the lease in effect on the base date plus all later leases for the apartment. The DHCR ruled for landlord and reopened the case. There was no question that landlord submitted the leases, but the documents didn't reach the DRA's file before the case was decided. The case was sent back to the DRA to recalculate the legal rent based on the rent history records submitted by landlord.

Inwood 204, LLC: DHCR Adm. Rev. Docket No. WE410034RO (10/22/08) [2-pg. doc.]