Landlord Didn't Answer Rent Administrator's Notice of Complaint

December 16, 2019

LVT Number: #30508

Former tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint, and ordered landlord to refund an overcharge with triple damages. Landlord appealed, claiming that the building was exempt from rent stabilization due to substantial rehabilitation. The DRA denied landlord's PAR in 2015. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost.

Former tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint, and ordered landlord to refund an overcharge with triple damages. Landlord appealed, claiming that the building was exempt from rent stabilization due to substantial rehabilitation. The DRA denied landlord's PAR in 2015. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. The DHCR properly refused to consider evidence submitted for the first time with landlord's PAR, and rationally determined that landlord had failed to show that the new evidence couldn't reasonably have been offered earlier.

Gray v. DHCR: 2019 NY Slip Op 08190, Index No. 2016-12802 (App. Div. 2 Dept.; 11/13/19; Chambers, JP, Maltese, LaSalle, Christopher, JJ)

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