No Leases Submitted in Overcharge Case

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit lease records documenting the rent history for four years before tenant's complaint was filed. Landlord appealed and lost. Landlord claimed that the DRA should have added 1/40th of the cost of apartment improvements to the prior rent to calculate tenant's legal rent. But landlord defaulted by never submitting lease records and not explaining why it failed to do so. The DRA properly applied its default formula to set the legal rent and added triple damages. Landlord wasn't entitled to any 1/40th increase in this case.

1589 Ocean Realty Associates: DHCR Adm. Rev. Docket No. YH210027RO (12/3/10) [4-pg. doc.]