Rent Registration Does Not Prove Base Date Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default. Landlord didn't submit copies of any lease or rent ledger proving the base date rent. The DRA ordered landlord to refund $5,200 to tenant, including triple damages. Landlord appealed and lost. Landlord claimed that it had recently bought the building and didn't receive full lease records from prior landlord. Landlord also pointed out that the base date registration for the apartment stated that the apartment was vacant on the base date. For that reason, landlord said, the base rent should be the next rent following the vacancy. The DHCR said rent registration records don't prove the base date rent. Landlord must submit leases, rent ledgers, or proof of apartment vacancy on the base date.

Langsam Property Services Corp.: DHCR Adm. Rev. Docket No. UJ610009RO (11/15/06) [4-pg. doc.]