Checks Predated Invoice

Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. Tenant appealed, claiming that landlord's invoice for 1/40th improvements predated its checks by three months. Tenant argued that this proof didn't comply with DHCR Policy Statement 90-10, which called for contemporaneous documentation of payment. Landlord responded that its contractor agreed to give landlord an invoice after agreed-upon work was completed and paid for. The DHCR ruled against tenant. Landlord was required to submit either canceled checks or an invoice made contemporaneous with the completion of the work. And landlord's explanation of any discrepancy was reasonable.

Merit Mgmt. Co./Hendrickson: DHCR Adm. Rev. Dckt. No. LC410025RO (10/23/97) [6-page document]