Landlord Can't Correct Inconsistencies on Appeal

February 1, 1999

LVT Number: 12988

Tenant complained of a rent overcharge. The DRA ruled for tenant based on inconsistencies in landlord's answer. Landlord appealed to the DHCR and lost. Landlord then appealed to the court. The court and appeals court ruled against landlord. The DHCR properly ruled that landlord couldn't try to introduce new facts in its PAR after the DRA had already ruled on tenant's complaint based on landlord's response.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on inconsistencies in landlord's answer. Landlord appealed to the DHCR and lost. Landlord then appealed to the court. The court and appeals court ruled against landlord. The DHCR properly ruled that landlord couldn't try to introduce new facts in its PAR after the DRA had already ruled on tenant's complaint based on landlord's response.

Argo Corp. v. DHCR: NYLJ, p. 27, col. 3 (1/19/99) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Mazzarelli, Andrias, JJ)

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