Landlord Proved Checks Were Cashed

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed an increase for 1/40th improvements claimed by landlord. Landlord submitted checks totaling over $6,000 as proof of payment for improvements, but there was no proof the checks were cashed. Landlord appealed and submitted bank evidence that the checks were, in fact, cashed. The DHCR ruled for landlord and reduced the overcharge amount to reflect a rent increase for the 1/40th improvements.

Amagansett House Corp.: DHCR Admin. Rev. Dckt. No. QD410011RP (9/9/02) [3-pg. doc.]