Rent Ledgers Showed Base Date Rent

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord was unable to submit leases to prove the rent stabilization base date. The DRA therefore ruled for tenant, finding a rent overcharge. Landlord appeal-ed, arguing that it had submitted rent ledgers, which the DRA rejected as proof of the base date. The DHCR ruled for landlord. At the DRA's request, landlord had submitted a copy of the rent ledger two months prior and two months after the date of decontrol of the apartment. The rent ledger submitted showed the name of a prior rent-controlled tenant and the amount of rent paid. Landlord's records were consistent with DHCR's rent control records. There was no rent overcharge.

440 W. 34th St. Co.: DHCR Adm. Rev. Dckt. No. JK410223RO (5/24/96) [2-page document]