Landlord Didn't Prove Filing of ‘O&M' Schedule

Dobbs Ferry tenant complained of a rent overcharge. Landlord claimed it was entitled to collect the 1988 guideline increase. The DRA ruled that tenant had been overcharged about $1,700 because landlord had never filed the 1988-89 Operating and Maintenance (O&M) Expenses Schedule. Landlord appealed, arguing that it should be excused from filing the schedule because the building had been in bankruptcy at the time. The DHCR upheld the DRA's ruling. Landlord didn't prove it was in bankruptcy, so it wasn't excused from filing the O&M Schedule.

Real Property Assoc. Management: DHCR Adm. Rev. Dckt. No. FI 910162-RO (11/10/94) [2-page document]