Landlord Can't Submit Lease on Appeal

June 30, 1996

LVT Number: 10695

Tenant complained of a rent overcharge. Landlord didn't submit any leases or rent ledgers for the period from May 1, 1982, through April 30, 1983, in response to the DRA's request for rent history documentation. The DRA ruled for tenant and found a willful rent overcharge. Landlord appealed and submitted for the first time the missing lease. Landlord claimed the lease had been misplaced and that there was no intentional overcharge. The DHCR ruled against landlord. Landlord offered no reasonable explanation for not submitting this lease to the DRA.

Tenant complained of a rent overcharge. Landlord didn't submit any leases or rent ledgers for the period from May 1, 1982, through April 30, 1983, in response to the DRA's request for rent history documentation. The DRA ruled for tenant and found a willful rent overcharge. Landlord appealed and submitted for the first time the missing lease. Landlord claimed the lease had been misplaced and that there was no intentional overcharge. The DHCR ruled against landlord. Landlord offered no reasonable explanation for not submitting this lease to the DRA. The DHCR couldn't accept the lease for the first time on appeal.

Bomel Realty Corp.: DHCR Adm. Rev. Dckt. No. CA210238RO (3/7/96) [2-page document]

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