Landlord Didn't Get Chance to Submit Answer

January 1, 2001

LVT Number: 14656

Tenant complained of a rent overcharge. The DRA granted landlord an extension until Sept. 17, 1991, to submit additional documents supporting his answer. But then the DRA ruled for tenant on Sept. 11, before landlord got a chance to answer. Landlord appealed. The DHCR and court ruled against landlord. But an appeals court ruled for landlord. Landlord should have been given a chance to fully answer tenant's complaint, since the DRA gave landlord permission to file a late submission. The case was sent back for the DHCR to consider the proof submitted by landlord.

Tenant complained of a rent overcharge. The DRA granted landlord an extension until Sept. 17, 1991, to submit additional documents supporting his answer. But then the DRA ruled for tenant on Sept. 11, before landlord got a chance to answer. Landlord appealed. The DHCR and court ruled against landlord. But an appeals court ruled for landlord. Landlord should have been given a chance to fully answer tenant's complaint, since the DRA gave landlord permission to file a late submission. The case was sent back for the DHCR to consider the proof submitted by landlord.

Kalagassy v. DHCR: NYLJ, 12/26/00, p. 34, col. 2 (App. Div.2 Dept.; Bracken, JP, Santucci, Thompson, Sullivan, JJ)

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