Landlord Can't Prove It Didn't Receive Notice of Overcharge Complaint
LVT Number: #30073
Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $25,471, including interest and triple damages. Landlord appealed and lost. Landlord claimed that he didn't receive the complaint from the DHCR, but the DHCR's file contained indications that it was mailed to landlord at its known address. Landlord also claimed that the base date should be April 2015 rather than January 2013 because a PAR decision in a prior overcharge case was issued on that date. But the prior DRA order was issued in January 2013, so that was the correct base date for determining the new overcharge claim.
El-Taieb: DHCR Adm. Rev. Docket No. GM210033RO (2/27/19) [3-pg. doc.]
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