Landlord Allowed to Submit New Evidence on Appeal

September 30, 2003

LVT Number: 16870

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,000. Landlord appealed. Landlord hadn't submitted a full rent history to the DRA but sought to do so on appeal. The DHCR accepted landlord's lease documents. Landlord showed that prior landlord was now deceased and had been ill during the six months when landlord attempted to get records from him. Prior landlord's son lived in Poland and didn't speak English well. So landlord couldn't get the records it submitted until after the PAR was filed. The total overcharge was reduced to $5,000.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,000. Landlord appealed. Landlord hadn't submitted a full rent history to the DRA but sought to do so on appeal. The DHCR accepted landlord's lease documents. Landlord showed that prior landlord was now deceased and had been ill during the six months when landlord attempted to get records from him. Prior landlord's son lived in Poland and didn't speak English well. So landlord couldn't get the records it submitted until after the PAR was filed. The total overcharge was reduced to $5,000.

KMK Bedford LLC/Kowalski: DHCR Adm. Rev. Dckt. No. QL210034RO (8/5/03) [5-pg. doc.]

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