Landlord Didn't Submit Documentation for Increase

April 1, 2000

LVT Number: 14005

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed and lost. The DHCR correctly found that landlord improperly charged a rent increase for apartment improvements. Landlord didn't submit documentation to back up its claim that it paid for work done to the apartment. So it was reasonable for the DHCR to deny any 1/40th rent increase and to impose triple damages. Landlord didn't prove that the overcharge wasn't willful.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed and lost. The DHCR correctly found that landlord improperly charged a rent increase for apartment improvements. Landlord didn't submit documentation to back up its claim that it paid for work done to the apartment. So it was reasonable for the DHCR to deny any 1/40th rent increase and to impose triple damages. Landlord didn't prove that the overcharge wasn't willful.

Adria Realty Investment Assocs. v. DHCR: NYLJ, 3/9/00, p. 28, col. 1 (App. Div.1 Dept.; Rosenberger, JP, Wallach, Andrias, Friedman, JJ)

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