Tenant Proves Disputed Amount of Lease Rent with Rent Receipts

Tenant complained to the DHCR in 2017 of rent overcharge, claiming that rent charged and collected from Oct. 31, 2014, through June 31, 2017, included illegal fees and surcharges. Tenant also claimed that landlord refused to continue his preferential rent. In response, landlord claimed there was no overcharge. The DRA found that, although landlord was entitled at the time of the complaint to discontinue tenant's preferential rent upon lease renewal, it improperly increased tenant's rent. The DRA ordered landlord to refund $16,529 to tenant, including triple damages.

Landlord appealed and lost. Landlord claimed that the copy of the lease in question that tenant submitted wasn't the actual lease. But tenant produced rent receipts from the prior landlord that matched the legal regulated rent in question. Landlord failed to rebut the presumption of willfulness in connection with the overcharge. So triple damages were properlty assessed.

2120 Tiebout LLC: DHCR Adm. Rev. Docket No. LM610009RO (4/5/23)[4-pg. doc.]