DHCR to Decide Whether It Lost Landlord's Documents

May 31, 1993

LVT Number: 7020

Landlord applied for MCI rent increases. The DHCR denied landlord's application, finding that landlord hadn't submitted certain documentation. Landlord appealed, claiming that he did submit the documents in question and that the DHCR had misplaced them. The trial court sent the case back to the DHCR for a new decision based on the documents landlord claimed he submitted. The DHCR appealed. The appeals court ruled that the case should be sent back, but that the DHCR should determine whether landlord had actually submitted the documents in question.

Landlord applied for MCI rent increases. The DHCR denied landlord's application, finding that landlord hadn't submitted certain documentation. Landlord appealed, claiming that he did submit the documents in question and that the DHCR had misplaced them. The trial court sent the case back to the DHCR for a new decision based on the documents landlord claimed he submitted. The DHCR appealed. The appeals court ruled that the case should be sent back, but that the DHCR should determine whether landlord had actually submitted the documents in question. It was wrong for the trial court to decide that these documents had been submitted since landlord didn't prove this.

Matter of Brotherton: NYLJ, p. 27, col. 4 (5/20/93) (App. Div. 1 Dept.; Carro, JP, Rosenberger, Ellerin, Asch, JJ)

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