Application Contained False Statements

LVT Number: 13197

Landlord applied for MCI rent increases based on the installation of a waste compactor. The DRA ruled for landlord, and tenant appealed. Tenant claimed that a contractor's statement submitted with landlord's application was forged. The DHCR reopened the case and held a hearing. Based on the ALJ's findings at the hearing, the DHCR ruled for tenant.

Landlord applied for MCI rent increases based on the installation of a waste compactor. The DRA ruled for landlord, and tenant appealed. Tenant claimed that a contractor's statement submitted with landlord's application was forged. The DHCR reopened the case and held a hearing. Based on the ALJ's findings at the hearing, the DHCR ruled for tenant. While there was insufficient proof that landlord had forged, had caused a forgery, or had known of the forgery of the contractor's statement, landlord was responsible for knowing what was in his MCI application, including false statements made in it. Landlord had signed the MCI application, which contained false statements as to the amount paid for the compactor. The MCI rent increases were revoked, and landlord was barred from resubmitting an MCI application for this work.

Fromewick: DHCR Adm. Rev. Dckt. No. ML430013RP (3/8/99) [3-pg. doc.]

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