Landlord Can Prove New Equipment Costs on Appeal

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed it was entitled to a 1/40th rent increase for new equipment that had been installed in tenant's apartment. The DHCR allowed landlord to submit proof of the cost of this equipment with its appeal. Landlord had mentioned the equipment in its answer to the DRA. While, generally, landlord can't submit new proof with an appeal, the DRA in this case didn't properly notify landlord of the need to submit all documentation of the cost of new equipment for which a rent increase was charged.

221 East 12th Street, Apt. 3: DHCR Adm. Rev. Dckt. No. DG 410123-RO (8/13/93) [4-page document]