Additional Proof of Rent History Accepted on Appeal Due to Law Office Failure

May 24, 2016

LVT Number: #26999

Rent-stabilized tenant complained of rent overcharge. The DRO ruled for tenant and ordered landlord to refund $130,767, including triple damages and interest. Landlord appealed and won, in part. Landlord’s attorney had failed to submit a rent ledger showing the amount of rent collected on the base rent date. The DHCR agreed that landlord shouldn’t be responsible for the law office failure, and accepted submission of the rent ledger with landlord’s PAR.

Rent-stabilized tenant complained of rent overcharge. The DRO ruled for tenant and ordered landlord to refund $130,767, including triple damages and interest. Landlord appealed and won, in part. Landlord’s attorney had failed to submit a rent ledger showing the amount of rent collected on the base rent date. The DHCR agreed that landlord shouldn’t be responsible for the law office failure, and accepted submission of the rent ledger with landlord’s PAR. This additional documentation supported recalculation of the legal rent and reduction of the overcharge refund to $15,148.

 

 
1310 LLC: DHCR Adm. Rev. Docket No. DT610071RO (3/29/16) [5-pg. doc.]

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