Landlord Didn't Provide Documentation

LVT Number: 8996

Tenant complained of a rent overcharge. Landlord claimed it could collect the rent hike for improvements, but didn't submit the required documentation. The DRA ruled for tenant, finding an overcharge. Landlord appealed, and submitted documentation of the improvements. The DHCR upheld the DRA's ruling, refusing to consider landlord's documents because they weren't submitted to the DRA. Landlord appealed and lost. The DHCR properly refused to consider documents submitted for the first time on appeal.

Tenant complained of a rent overcharge. Landlord claimed it could collect the rent hike for improvements, but didn't submit the required documentation. The DRA ruled for tenant, finding an overcharge. Landlord appealed, and submitted documentation of the improvements. The DHCR upheld the DRA's ruling, refusing to consider landlord's documents because they weren't submitted to the DRA. Landlord appealed and lost. The DHCR properly refused to consider documents submitted for the first time on appeal. And landlord's documents weren't specific enough to let the DHCR calculate the amount of the increase.

Birdoff & Co. v. DHCR: 612 NYS2d 418 (1994) (App. Div. 2 Dept.; Sullivan, JP, Rosenblatt, Pizzuto, Altman, JJ)