Landlord Failed to Prove It Submitted IAI Documentation to the DRA

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including triple damages and interest. Landlord appealed and lost. Although landlord submitted proof of the four-year base date rent of prior tenant to the DRA, the DRA said it didn't receive documentation of claimed individual apartment improvements (IAIs) from landlord. Landlord claimed that it had submitted that information to the DRA and resubmitted with its PAR a signed contract for installation of a new bathroom and cancelled checks for the IAI work. The DHCR wouldn't consider landlord's PAR submission, noting that there was no DHCR date stamp on landlord's documents that would have proved hand delivery to the agency, and no proof of mailing submitted to otherwise prove that landlord had in fact submitted these records in response to the DRA's request for additional information. 

Fortress Rockaway, LLC: DHCR Adm. Rev. Docket No. KW210020RO (2/28/23)[3-pg. document]