Missing Lease Submitted on Appeal

Tenant filed a fair market rent appeal. Landlord argued that tenant couldn't file a fair market rent appeal because she wasn't the first rent-stabilized tenant. Instead of dismissing the case, the DRA treated tenant's claim as an overcharge complaint, and asked landlord to submit the rent history. Landlord submitted the rent history, but told the DHCR that one of the vacancy leases was missing from its files. Based on the incomplete rental history, the DRA found that tenant had been overcharged. Landlord appealed, and submitted a copy of the missing lease. Landlord asked the DHCR to consider the lease in recalculating tenant's rent. The DHCR ruled for landlord. Because tenant had originally filed a fair market rent appeal, the DHCR hadn't told landlord it could submit rent ledgers in lieu of the missing lease. So, the DHCR accepted the missing lease as evidence for the first time on appeal, and used it in determining tenant's correct rent.

723 Nicholas Avenue, Apt. 4: DHCR Adm. Rev. Dckt. No. BH 420306-RO (9/28/94) [3-page document]