DHCR Won't Accept New Proof of Additional Rent Arrears

LVT Number: #27395

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $47,486, including interest, after deducting $36,500 in outstanding rent arrears. The DRA reduced tenant’s base date rent to $875 due to a 1991 rent reduction order. Since a rent restoration order was issued effective September 2013, the legal rent was now again $2,346. Landlord appealed, claiming that its prior submission of rent arrear records was mistaken and that tenant actually owed $87,000 in back rent. The DHCR ruled against landlord.

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $47,486, including interest, after deducting $36,500 in outstanding rent arrears. The DRA reduced tenant’s base date rent to $875 due to a 1991 rent reduction order. Since a rent restoration order was issued effective September 2013, the legal rent was now again $2,346. Landlord appealed, claiming that its prior submission of rent arrear records was mistaken and that tenant actually owed $87,000 in back rent. The DHCR ruled against landlord. Rent Stabilization Code Section 2529.6 bars submission of new evidence with a PAR unless the new proof couldn’t reasonably have been submitted to the DRA. Accounting errors claimed by landlord weren’t sufficient reason to consider new evidence submitted on appeal. And the DRA’s order specifically said that landlord could address the issue of any additional back rent owed in a court proceeding.

 

 

 

 

Carlyle Apartment Co./Bloom: DHCR Adm. Rev. Docket Nos. EN110037RO, EN110045RT (9/14/16) [14-pg. doc.]