Affidavit of Landlord's Field Manager Not Sufficient Proof

LVT Number: 16874

Tenant complained of a rent overcharge. The DRA ruled for tenant and denied any rent increase for apartment improvements. Landlord was ordered to refund $10,000, including triple damages. Landlord appealed, claiming that it had submitted proof of its apartment improvement costs. The DHCR ruled against landlord. Landlord had submitted a statement from prior landlord's field manager. This was a self-serving statement that contained no indication of the cost of the work. Landlord submitted no contractor's affidavit and no contractor's invoices.

Tenant complained of a rent overcharge. The DRA ruled for tenant and denied any rent increase for apartment improvements. Landlord was ordered to refund $10,000, including triple damages. Landlord appealed, claiming that it had submitted proof of its apartment improvement costs. The DHCR ruled against landlord. Landlord had submitted a statement from prior landlord's field manager. This was a self-serving statement that contained no indication of the cost of the work. Landlord submitted no contractor's affidavit and no contractor's invoices.

W. 175th St. Realty LLC: DHCR Adm. Rev. Dckt. No. RB410031RO (7/9/03) [6-pg. doc.]

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