No Proof of Owner Occupancy on Base Date

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,271, including triple damages. Landlord appealed and lost. Landlord claimed that the apartment was owner-occupied by prior landlord on the base date, four years before tenant's complaint was filed. But the only documents landlord submitted to the DRA to prove this were DHCR rent registration statements filed for 2003 and 2004. Both registration statements said that the unit was "exempt, owner occupied/employee occupied." A rent registration statement is no proof of an apartment being temporarily exempt from deregulation. Registration statements contain only unchallenged declarations by landlords. Plus, the 2003 registration statement concerned the April 1, 2003, rent history. Consideration of that record was barred by the four-year rule since tenant's complaint was filed on Jan. 15, 2008. Since there was no other proof of owner occupancy on the base date, the DRA properly used the DHCR's default method to rule to calculate the rent overcharge.

52-09 Skillman Avenue: DHCR Adm. Rev. Docket No. XC110043RO (4/16/09) [2-pg. doc.]