Notice Wasn't Sent to New Landlord

LVT Number: 8238

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) The DRA denied landlord 1986/87 MBR increases because landlord didn't serve an affidavit of service on the DRA notifying it that tenants had gotten notice of landlord's eligibility for the increases. Landlord appealed. Initially, the DHCR had denied landlord's PAR. Landlord requested reconsideration, and the proceeding was reopened. The DHCR ultimately ruled for landlord.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) The DRA denied landlord 1986/87 MBR increases because landlord didn't serve an affidavit of service on the DRA notifying it that tenants had gotten notice of landlord's eligibility for the increases. Landlord appealed. Initially, the DHCR had denied landlord's PAR. Landlord requested reconsideration, and the proceeding was reopened. The DHCR ultimately ruled for landlord. Landlord showed that before the DRA had mailed former landlord the request for the affidavit of service, landlord had notified the DHCR that he was the new owner of the building. The DRA had never sent the affidavit request to new landlord. New landlord was now given the opportunity to complete all the notice requirements and get the MBR increases.

Sacknowitz: DHCR Adm. Rev. Dckt. No. EE 430011-RO (9/24/93) [3-page document]

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