No Rent Increases Permitted Where Tenant Refused to Sign Defective Renewal Leases

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant  and ordered landlord to refund $15,881, including triple damages. Landlord appealed and lost. Landlord claimed that it had offered tenant renewal leases, which tenant refused to sign. But the DRA correctly found that the renewals in question were invalid because they didn't comply with RSC requirements. Tenant therefore was month-to-month and landlord wasn't entitled to any rent increases over the base date rent. Landlord also failed to rebut the presumption of willful overcharge, and triple damages were properly assessed.

422 East 148th Street, LLC: DHCR Adm. Rev. Docket No. MP610004RO (9/30/24)[5-pg. document]