Tenant Didn't Provide Rent Records
LVT Number: 11964
(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a full rent history. Landlord appealed and pointed out that tenant had moved into the apartment in 1974. So tenant should have submitted a rent history to support her 1984 objection to the initial rent registration. The DHCR ruled for landlord. The DRA had asked tenant several times to submit a rent history from 1980, but tenant didn't do so. The DRA even sent tenant a later notice stating that if she didn't respond, it would be assumed she didn't wish to pursue the complaint. The DRA should have dismissed tenant's complaint.
Moss: DHCR Adm. Rev. Dckt. No. ED410227RO (8/20/97) [2-page document]