Undated Leases Don't Prove Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,300, including triple damages for willful rent overcharge. Landlord appealed. Landlord relied on leases it got from prior landlord in charging the rent it did to tenant. The DHCR ruled against landlord. There was no proof that tenant received the leases in question in a timely manner. The leases weren't dated, and tenant submitted proof that she paid rent in different amounts from what was called for in the leases. However, the DHCR revoked the finding of willful rent overcharge. New landlord reasonably relied on leases received from prior landlord and didn't know there was an overcharge.

Jasper Holding LLC: DHCR Adm. Rev. Dckt. No. SJ210060RO (1/4/05) [3-pg. doc.]