Tenant's Later Payment Wasn't Part of Base Date Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,483. The DRA found that the base date rent was $680 and that landlord illegally increased tenant’s rent to $780 without a lease the following month. Landlord appealed, claiming that on Sept. 14, 2003, the base rent date, tenant’s legal rent was $780. Landlord said that tenant paid $680 by money order on Sept. 5, 2003, but that tenant still owed another $100 for that month which he didn’t pay until November 2003. The DHCR ruled against landlord. Tenant’s records showed that he paid $680 for September 2003, then paid $680 for October 2003, and got a receipt from landlord stating that tenant owed another $100 for October. Tenant’s receipt for November stated that he paid an extra $200 to cover rent increases for October and November 2003. There was no proof that tenant’s rent was $780 in September 2003.

Palaguachi: DHCR Adm. Rev. Docket No. WF410003RO (11/14/08) [2-pg. doc.]