DHCR Rejects Rent Proof Submitted for First Time on Appeal

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,000, including triple damages. Landlord appealed and lost. Landlord claimed, for the first time, that HPD set tenant’s initial rent and that it had requested copies of HPD’s order from that agency. The DHCR can’t consider any relevant HPD rent-setting order for the first time on appeal. And the DRA calculated the rent overcharge based on full rent history information supplied by landlord.

Cloverleaf Towers, HDFC: DHCR Adm. Rev. Docket No. XE610033RO (11/24/09) [4-pg. doc.]