Landlord Didn't Get Notice of Complaint

(Decision submitted by Karen Schwartz-Sidrane of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord didn't answer tenant's complaint and the DRA ruled for tenant, finding a $20,000 overcharge. Landlord appealed the DRA's order six months later, claiming it had just received notice of tenant's complaint for the first time when tenant entered a judgment against landlord. The DHCR reopened the case. Tenant had used the building address as landlord's address because landlord owned a restaurant in the building. But landlord's real estate company was a separate entity with a business address on Long Island. The DHCR didn't have landlord's address on file because landlord had never registered the building. There was some legitimate question as to whether the four-unit building was subject to rent stabilization. The DHCR sent the case back for further processing.

[Sbarro Realty: DHCR Adm. Rev. Dckt. No. GF-210204-RO (10/26/92)]. 3-page document.