New Landlord Not Notified of Need for Affidavit

LVT Number: 8237

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord) The DRA denied landlord MBR rent increases for 1986-87, and landlord appealed. The DHCR ruled against landlord because he didn't file a sworn statement stating that tenants had been served with copies of the DRA's Order of Eligibility. Landlord requested reconsideration of the decision. Landlord pointed out that the DRA's request for the sworn statement was sent to the prior owner two months after the building was sold.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord) The DRA denied landlord MBR rent increases for 1986-87, and landlord appealed. The DHCR ruled against landlord because he didn't file a sworn statement stating that tenants had been served with copies of the DRA's Order of Eligibility. Landlord requested reconsideration of the decision. Landlord pointed out that the DRA's request for the sworn statement was sent to the prior owner two months after the building was sold. Landlord had filed a change of identity form with the DHCR. New landlord received no notice from the DHCR concerning the needed affidavit. The DHCR ruled that this was an irregularity in a vital matter, and reopened the case.

Sacknowitz: DHCR Adm. Rev. Dckt. No. EE 430011-RO (7/30/93) [3-page document]

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