Summary of Leases Not Adequate Proof

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history. Landlord appealed, claiming that it had submitted a rent ledger from the base date proving there was no overcharge. The DHCR ruled against landlord. Landlord's ledger consisted of one page with the years 1968 through 1983 written in the same handwriting, with one line devoted to each lease. This was, at best, a summary of leases, rather than a contemporaneous month-by-month accounting of rent payments. And the first lease listed started on July 1, 1974. There was no way of knowing if the rent in that lease represented a lawful increase over the June 30, 1974 rent.

Kraus Mgmt.: DHCR Adm. Rev. Dckt. No. DC110145RO (8/8/97) [2-page document]