Missing lease proves base date rent #25743.

Position:RENT OVERCHARGE
 
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Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 court appeal, and the case was sent back to the DHCR for reconsideration. The DRA then ruled for tenant and ordered landlord to refund $172,420, including triple damages. The DRA used the default method to calculate the rent, finding that landlord failed to submit leases or other records to prove the base date rent. Landlord appealed and won. In its original answer to tenant's complaint, landlord referred to the base date lease of prior tenant, which listed the...

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