Landlord Didn't Respond to Overcharge Complaint on Time

Facts: Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint. Landlord appealed, claiming that there was no overcharge and that it had submitted documentation of 1/40th improvements made to the apartment, costing $18,000. The DHCR ruled against landlord. Landlord's documents were submitted too late and couldn't be considered on appeal. Landlord appealed, claiming that the DHCR's decision was unreasonable. Landlord argued that its submission was submitted only eight days late. The court ruled for landlord, and the DHCR appealed. Court:The DHCR wins. The DHCR had requested records from landlord six times over a two and a half year period. Landlord didn't comply with a single request. The date that landlord claimed was a due date was the last of a number of dates that landlord requested an extension to. The DHCR never consented to the last due date, and landlord didn't even meet that date for submission. By the time landlord did submit the documents, eight days later, the DRA had issued its order.

IG Second Generation Partners LP v. DHCR: NYLJ, 6/3/02, p. 19, col. 2 (App. Div.1 Dept.; Andrias, JP, Sullivan, Wallach, Rubin, Gonzalez, JJ)