No Leases Submitted

July 31, 2005

LVT Number: 18267

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to answer, and ordered landlord to refund $20,000, including triple damages for willful overcharge. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for apartment improvements and that she wasn't given a full chance to respond to tenant's complaint. The DHCR ruled against landlord. Landlord didn't submit leases in response to the DRA's request, claiming that they were unavailable.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to answer, and ordered landlord to refund $20,000, including triple damages for willful overcharge. Landlord appealed, claiming that the DRA improperly disallowed a rent increase for apartment improvements and that she wasn't given a full chance to respond to tenant's complaint. The DHCR ruled against landlord. Landlord didn't submit leases in response to the DRA's request, claiming that they were unavailable. The Rent Stabilization Code requires landlord to maintain rent history records for at least four years. The DRA correctly applied the DHCR's default formula to calculate the legal rent.

Kim: DHCR Adm. Rev. Dckt. No. TE210012RO (6/20/05) [3-pg. doc.]

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