Case Mistakenly Reopened

LVT Number: 11013

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default. Landlord appealed, claiming that it never received tenant's complaint. The DHCR reopened the case and allowed landlord to submit an answer. The DRA ruled for landlord. Tenant then appealed, claiming that the case should never have been reopened. The DHCR ruled for tenant. Landlord had been served with a copy of tenant's original complaint and had filed an answer before it later claimed it didn't receive the complaint. And landlord never submitted a complete rent history.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default. Landlord appealed, claiming that it never received tenant's complaint. The DHCR reopened the case and allowed landlord to submit an answer. The DRA ruled for landlord. Tenant then appealed, claiming that the case should never have been reopened. The DHCR ruled for tenant. Landlord had been served with a copy of tenant's original complaint and had filed an answer before it later claimed it didn't receive the complaint. And landlord never submitted a complete rent history.

Kugelmass: DHCR Adm. Rev. Dckt. No. CD410028RT (8/2/96) [4-page document]

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