DHCR Properly Found No Overcharge

December 1, 1996

LVT Number: 11093

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. His rent included a charge for a parking space. The DHCR ruled against tenant, finding no rent overcharge. Tenant appealed and submitted to the court a sworn statement from prior tenant in support of his overcharge claim. The court ruled against tenant, finding that the DHCR's decision was reasonable. Tenant appealed again. The appeals court ruled against tenant.

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. His rent included a charge for a parking space. The DHCR ruled against tenant, finding no rent overcharge. Tenant appealed and submitted to the court a sworn statement from prior tenant in support of his overcharge claim. The court ruled against tenant, finding that the DHCR's decision was reasonable. Tenant appealed again. The appeals court ruled against tenant. The prior tenant's statement was properly discounted since it wasn't submitted to the DHCR.

Bellin v. DHCR: NYLJ, p. 29, col. 5 (11/1/96) (App. Div. 2 Dept.; O'Brien, JP, Thompson, Joy, Altman, JJ)

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