Landlord Didn't Prove Decontrol Data

Facts: Tenant complained of a rent overcharge. The DRA gave landlord an opportunity to respond, but landlord didn't submit any rent history. The DRA ruled for tenant, and landlord appealed. For the first time on appeal, landlord claimed that the apartment had been rent controlled until immediately before tenant moved in. Therefore, landlord claimed that the DHCR had all available rent history records for the apartment under rent control. The DHCR dismissed landlord's PAR, and landlord appealed. Court: Landlord loses. Landlord submitted information on maximum base rents for the apartment between 1972 and 1979. But there was a serious question as to whether landlord's information was accurate. And landlord waited too long to present this information, by submitting it for the first time on appeal.

[Matter of 60 Gramercy Park Co.: NYLJ, p. 26, col. 6 (12/14/92) (App. Div. 1 Dept.; Carro, JP, Milonas, Ellerin, Asch, JJ)].