Landlord Can't Submit New Evidence on Appeal

Tenant complained of a rent overcharge. The DRA ruled for tenant, allowing no rent increase for apartment improvements claimed by landlord. Landlord appealed and submitted a sworn statement from a contractor providing a more specific statement as to the claimed apartment improvements, as well as cancelled checks totaling $16,000. The DHCR ruled against landlord. Landlord had submitted to the DRA only inconsistent contractor statements that summarized the improvements. There was no specific information about the nature of the work. Also, some of the work clearly consisted of repairs and maintenance, and landlord didn't submit proof of payment. Landlord can't submit new evidence about the improvements for the first time on appeal.

Jemrock Realty Co.: DHCR Adm. Rev. Dckt. No. GG410063RO (2/21/97) [4-page document]