DHCR Records Show Decontrol Date

LVT Number: 10428

(Decisions submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord claimed that the apartment had been decontrolled in 1980 and that the base rent was $250. Landlord didn't have records proving when the apartment had been decontrolled. The DRA ruled for tenant based on landlord's default. Landlord appealed, arguing that the DHCR should check its own records for decontrol data. The DHCR ruled for landlord.

(Decisions submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord claimed that the apartment had been decontrolled in 1980 and that the base rent was $250. Landlord didn't have records proving when the apartment had been decontrolled. The DRA ruled for tenant based on landlord's default. Landlord appealed, arguing that the DHCR should check its own records for decontrol data. The DHCR ruled for landlord. The DHCR found in its own rent control records that the apartment had been decontrolled in 1980. There was no overcharge.

Zeal Management: DHCR Adm. Rev. Dckt. No. CC210236RO (2/7/96) [4-page document]

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