Landlord Didn't Submit Proof of Rents Collected

November 1, 1999

LVT Number: 13662

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed and lost. Landlord never submitted proof to the DHCR of rents collected during the four-year period before the filing of tenant's complaint. Landlord tried to submit new proof to the court and an explanation of why it wasn't submitted earlier to the DHCR. But the court couldn't review new evidence. Landlord was entitled to challenge the DHCR's decision only on the basis of proof submitted to the DHCR.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed and lost. Landlord never submitted proof to the DHCR of rents collected during the four-year period before the filing of tenant's complaint. Landlord tried to submit new proof to the court and an explanation of why it wasn't submitted earlier to the DHCR. But the court couldn't review new evidence. Landlord was entitled to challenge the DHCR's decision only on the basis of proof submitted to the DHCR. Since landlord submitted no rent history records to the DHCR, the DHCR's decision was reasonable.

Flagg Court Realty Co. v. Holland: NYLJ, p. 29, col. 4 (10/13/99) (App. Div.2 Dept.; Joy, JP, Krausman, Miller, Feuerstein, JJ)

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