No Proof Apartment Vacant on Base Date

Tenant complained of a rent overcharge. Landlord claimed that the apartment was vacant on the base date, four years before tenant filed her complaint. The DRA ruled for tenant based on landlord's failure to submit any lease or rent ledger covering the base date. Landlord appealed and lost. Landlord didn't submit sufficient proof of the base date vacancy. The rent ledger that landlord submitted didn't seem to be kept contemporaneously and only showed the lease period for prior tenant starting Sept. 18, 2001. The utility records landlord submitted didn't show whether utility service was provided for the apartment on the base date, but only showed service for prior tenant starting on Sept. 23, 2001. The base date was July 8, 2000.

Elgeorge Realty Corp.: DHCR Adm. Rev. Dckt. No. TG210039RO (9/26/05) [3-pg. doc.]