Checks Don't Have Cancellation Code

LVT Number: 15780

Landlord applied for MCI rent hikes based on various improvements. The DRA ruled for landlord in part but denied any increase for a boiler/burner installation. The DRA found that certain checks submitted as proof of payment by landlord didn't contain cancellation codes to prove that they were posted for the amounts listed. So there was a $23,000 difference between the amount claimed and the amount proved paid. Landlord appealed and lost. Landlord never submitted additional proof of payment although requested to do so by the DHCR. Landlord was given more than enough time to do so.

Landlord applied for MCI rent hikes based on various improvements. The DRA ruled for landlord in part but denied any increase for a boiler/burner installation. The DRA found that certain checks submitted as proof of payment by landlord didn't contain cancellation codes to prove that they were posted for the amounts listed. So there was a $23,000 difference between the amount claimed and the amount proved paid. Landlord appealed and lost. Landlord never submitted additional proof of payment although requested to do so by the DHCR. Landlord was given more than enough time to do so.

Feggoudakis: DHCR Admin. Rev. Dckt. No. FH130099RO (3/18/02) [5-pg. doc.]

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