DRA Improperly Applied Default Procedure

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and assessed triple damages. Landlord appealed, claiming it never received a copy of the DRA's order. The DHCR ruled for landlord. Landlord notified the DHCR six days before the DRA's order was issued that it was the new owner of the building. The DRA had correctly sent prior notices to the former landlord. But new landlord should have been given the opportunity to answer tenant's complaint. New landlord did in fact submit rent history data with its PAR. These documents were accepted and the result was a reduction in the amount of the overcharge.

Park River Management Co.: DHCR Adm. Rev.Dckt. No. CA 610180 RO (3/24/95) [4-page document]