Landlord Can't Submit New Evidence on Appeal

December 1, 2003

LVT Number: 16998

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed 1/40th improvement costs claimed by landlord. Landlord appealed and submitted proof of its 1/40th costs with its PAR. The DHCR accepted landlord's proof and reduced the amount of the rent overcharge. Tenant appealed, claiming that it was arbitrary and unreasonable for the DHCR to accept landlord's late offer of proof. The court ruled for tenant. Landlord and the DHCR appealed. The appeals court ruled against landlord and the DHCR.

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed 1/40th improvement costs claimed by landlord. Landlord appealed and submitted proof of its 1/40th costs with its PAR. The DHCR accepted landlord's proof and reduced the amount of the rent overcharge. Tenant appealed, claiming that it was arbitrary and unreasonable for the DHCR to accept landlord's late offer of proof. The court ruled for tenant. Landlord and the DHCR appealed. The appeals court ruled against landlord and the DHCR. The itemized statement landlord submitted with its PAR still didn't include supporting documentation. The DHCR's acceptance of landlord's proof was in violation of the agency's own Policy Statement 90-10.

Gruber v. DHCR: NYLJ, 11/10/03, p. 26, col. 5 (App. Div. 1 Dept.; Buckley, PJ, Tom, Ellerin, Williams, JJ)

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