Landlord Claims No Notice of Tenant's Complaint

LVT Number: 16591

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. The total overcharge was $44,000. Landlord appealed, claiming that it never received notice of tenant's complaint. The DHCR ruled against landlord. The DHCR's records showed that the DRA sent landlord a copy of the complaint on Jan. 14, 2002. On March 13, 2002, by certified mail, the DRA sent landlord a final notice regarding the imposition of triple damages. On March 14, 2002, the DRA sent landlord a notice requesting a rental history for the apartment.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. The total overcharge was $44,000. Landlord appealed, claiming that it never received notice of tenant's complaint. The DHCR ruled against landlord. The DHCR's records showed that the DRA sent landlord a copy of the complaint on Jan. 14, 2002. On March 13, 2002, by certified mail, the DRA sent landlord a final notice regarding the imposition of triple damages. On March 14, 2002, the DRA sent landlord a notice requesting a rental history for the apartment. All notices were sent to landlord's correct address and none were returned to the DHCR by the post office.

425 Third Ave. Realty Co.: DHCR Adm. Rev. Dckt. No. QJ410056RO (4/24/03) [4-pg. doc.]

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