Rent Registrations Don't Prove Rent History

April 30, 1999

LVT Number: 13224

Facts: Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. The DHCR ordered landlord to refund to tenant $6,000, plus triple damages of $18,000. Landlord claimed that the DHCR's ruling was unreasonable because the agency didn't give a rent increase for a prior vacancy and renewal increase. Court: Landlord loses. The DHCR had asked landlord to submit copies of leases or rent ledgers to prove prior tenant's rent. Landlord didn't do so, claiming these records had been packed away in an office move.

Facts: Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. The DHCR ordered landlord to refund to tenant $6,000, plus triple damages of $18,000. Landlord claimed that the DHCR's ruling was unreasonable because the agency didn't give a rent increase for a prior vacancy and renewal increase. Court: Landlord loses. The DHCR had asked landlord to submit copies of leases or rent ledgers to prove prior tenant's rent. Landlord didn't do so, claiming these records had been packed away in an office move. Landlord claimed that the DHCR should have relied on rent registration records to justify the rent history. The DHCR's finding of a rent overcharge was reasonable. Annual registration statements aren't enough to prove the rent history.

Oxford East Assocs. v. DHCR: NYLJ, p. 30, col. 3 (4/7/99) (Sup. Ct. NY; Gammerman, J)

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