Landlord Can't File Certification After Complaint Filed

LVT Number: 13888

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord didn't file a vacancy certificate for a lease that started Nov. 1, 1990. Landlord was required to file a certification that one month's rent was spent on painting or otherwise preparing the apartment for the incoming tenant. Landlord's late submission of the certificate for tenant's vacancy lease after tenant had already filed an overcharge complaint and nearly two years after tenant moved in, didn't satisfy those requirements.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord didn't file a vacancy certificate for a lease that started Nov. 1, 1990. Landlord was required to file a certification that one month's rent was spent on painting or otherwise preparing the apartment for the incoming tenant. Landlord's late submission of the certificate for tenant's vacancy lease after tenant had already filed an overcharge complaint and nearly two years after tenant moved in, didn't satisfy those requirements.

Wroth: DHCR Adm. Rev. Dckt. No. IG710006RO (12/22/99) [3-pg. doc.]

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