Insufficient Proof of Cash Payments

Tenant complained of a rent overcharge. Landlord claimed that she had made 1/40th apartment improvements before tenant moved in. The DRA ruled for tenant and ordered landlord to refund $12,000, including triple damages. The DRA disallowed any 1/40th rent increase. Landlord appealed and lost. Landlord claimed that she paid her contractor in cash. But there was insufficient proof. She said she used double-endorsed checks, but this didn't prove payment. And landlord submitted no sworn statements concerning the cash payments. The invoice from the contractor submitted by landlord was undated and had no invoice number.

Zito: DHCR Adm. Rev. Dckt. No. TG710002RO (11/17/05) [5-pg. doc.]