Landlord Can Amend PAR

Tenant complained of a rent overcharge. The DRA ruled for tenant, based on landlord's default. Landlord appealed, claiming there was no default. Landlord had submitted rent history records dating back to July 1, 1978. Landlord later submitted an amendment to its PAR, raising additional arguments. Tenant claimed that landlord shouldn't be allowed to raise these additional claims. The DHCR ruled that landlord could amend its PAR. The Rent Stabili- zation Code states that a PAR can be amended for ``good cause shown.'' Landlord got an attorney after filing its PAR, so the DHCR accepted the PAR supplement. One of the issues raised in landlord's PAR supplement was that, in calculating tenant's rent, the DRA didn't give landlord credit for fuel cost passalongs and a retroactive MCI rent increase. This information was available from the DHCR's own records. The DHCR ruled for landlord on this issue.

2 Magaw Place, Apt. 51A: DHCR Adm. Rev. Dckt. No. AK 510316-RO (9/21/93) [4-page document]