DRA Improperly Applied Default Procedure

September 30, 1997

LVT Number: 11820

(Decision submitted by Peter A. Schwartz of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge prior to April 1, 1984. The DRA ruled for tenant based on landlord's default and found a willful rent overcharge of $85,000. Landlord appealed. The DHCR ruled for landlord and revoked the overcharge finding. Tenant's apartment became subject to rent stabilization on June 30, 1974. Tenant submitted a complete rent history with her complaint, showing that there was no rent overcharge.

(Decision submitted by Peter A. Schwartz of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge prior to April 1, 1984. The DRA ruled for tenant based on landlord's default and found a willful rent overcharge of $85,000. Landlord appealed. The DHCR ruled for landlord and revoked the overcharge finding. Tenant's apartment became subject to rent stabilization on June 30, 1974. Tenant submitted a complete rent history with her complaint, showing that there was no rent overcharge. So DHCR shouldn't have found that landlord defaulted by not submitting rent history documents.

Jane Street Co.: DHCR Adm. Rev. Dckt. No. EB410084RO (5/21/97) [3-page document]

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