Landlord Can't Raise New Argument on Appeal

Tenant complained of a rent overcharge. She believed that other tenants whose move-in dates were around the same time as hers were paying a lower rent. Landlord argued that tenant's complaint was too late because it wasn't filed within 90 days of when she got the annual rent registration statement. The DRA found that landlord had collected an overcharge of $22,884. Landlord appealed, arguing that it hadn't offered any other rebuttal to tenant's claim because it mistakenly believed that the complaint wasn't filed on time. Landlord also claimed that the rent was correct because substantial work had been done on the apartment. The DHCR ruled for tenant. Landlord can't raise new issues for the first time on appeal. Landlord is responsible for its own faulty legal research or tactical errors made at the original proceeding.

Lincoln Estates Co.: DHCR Adm. Rev. Dckt. No. FH 810120-RO (4/8/94) [11-page document]