Missing Lease Proves Base Date Rent

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 court appeal, and the case was sent back to the DHCR for reconsideration. The DRA then ruled for tenant and ordered landlord to refund $172,420, including triple damages. The DRA used the default method to calculate the rent, finding that landlord failed to submit leases or other records to prove the base date rent. Landlord appealed and won. In its original answer to tenant's complaint, landlord referred to the base date lease of prior tenant, which listed the rent at that time as $913.75. But landlord inadvertently omitted a copy of that lease from its exhibits. And the court had instructed the DHCR to consider all of landlord's documents to determine whether there was a rent overcharge. Landlord proved the base date rent, and there was no rent overcharge.

Astral Apts. LLC: DHCR Adm. Rev. Docket No. BS210009RO (7/15/14) [6-pg. doc.]