Missing Lease Submitted on Appeal

(Decision submitted by Lynn Sirotkin of the Queens law firm of Pearlman, Apat & Futterman, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit a full rent history. With triple damages, the total overcharge was over $25,000. Landlord appealed. Landlord had bought the building in 1987 and wasn't served with tenant's complaint until 1989---five years after it was filed. Landlord had maintained rent records dating back to 1978, when tenant moved in. But landlord had informed the DRA that it was having trouble getting earlier records from prior landlord. Landlord ultimately got the 1974–78 leases and submitted them with its PAR. The DHCR accepted landlord's records with its PAR. These records showed there was a total overcharge of only $178.

J.R.C. Management Co.: DHCR Adm. Rev. Dckt. No. EA 410349-RO (2/25/94) [6-page document]