Landlord Can Submit Leases on Appeal

September 30, 1997

LVT Number: 11803

(Decision submitted by Tatiana Nizguretsky of J.C. Dwight, Inc.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit rent history documents and ordered landlord to refund $13,000 in overcharges. Landlord appealed, claiming that he hadn't answered tenant's complaint because he was ill with cancer. Landlord submitted a doctor's note and a lease dating back to 1979 with his PAR. The DHCR ruled for landlord. Landlord showed a valid excuse for not submitting rent history records earlier.

(Decision submitted by Tatiana Nizguretsky of J.C. Dwight, Inc.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit rent history documents and ordered landlord to refund $13,000 in overcharges. Landlord appealed, claiming that he hadn't answered tenant's complaint because he was ill with cancer. Landlord submitted a doctor's note and a lease dating back to 1979 with his PAR. The DHCR ruled for landlord. Landlord showed a valid excuse for not submitting rent history records earlier. Recalculation of the rent history with actual leases showed an overcharge of only $780.

Chechik: DHCR Adm. Rev. Dckt. No. DF410319RO (5/16/97) [2-page document]

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