No Proof Super Occupied Apartment on Base Date

Tenant complained of a rent overcharge. Landlord claimed that the building super previously lived in the apartment without paying rent and therefore there was no base date lease for the apartment. But landlord was unable to obtain any proof of this from prior landlord. The DRA sent landlord a final notice of pending default and triple damages. Landlord credited tenant for the overcharge indicated in the final notice. The DRA ruled for tenant and froze tenant's rent based on the DHCR's default procedure. The DRA ordered landlord to refund $12,000, including triple damages. Landlord appealed, claiming that it acted in good faith and gave tenant a credit before the DRA ruled on tenant's complaint. Landlord said that therefore, no triple damages should have been imposed. The DHCR ruled against landlord. Landlord didn't give tenant a full refund of the overcharge plus interest. The fact that landlord couldn't get the required rent history records from prior landlord didn't excuse landlord's failure to submit rent history records in response to tenant's complaint. Triple damages were properly awarded.

Langsam Property Services Corp.: DHCR Adm. Rev. Docket No. VB610009RO (10/3/07) [3-pg. doc.]