Rent Registration Records Are Insufficient Proof of Base Date Rent

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $21,131, including triple damages. Landlord appealed and lost. The DRA properly found that landlord failed to submit a copy of the lease and/or rent ledger in effect on the base rent date. Despite the DRA’s requests, landlord submitted only copies of DHCR rent registration data. Rent registration information is created and supplied by landlord for the purposes of reporting to the DHCR, and isn’t sufficient to show the actual base date rent. Although landlord submitted additional rent history documents with its PAR, the DHCR couldn’t consider these records for the first time on appeal. Landlord was responsible for maintaining business records and landlord’s claim that he was sick isn’t an excuse for failing to submit these documents. 

Washington Arms LLC: DHCR Adm. Rev. Docket No. EN910031RO (9/14/16) [4-pg. doc.]