Landlord Not Notified of Complaint

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Tenant named the current landlord in her complaint, although prior landlord's name appeared on the leases in the rent history. The DRA ruled for tenant and directed prior landlord to refund to tenant that portion of any overcharge it had collected. Prior landlord appealed, claiming it was never notified of tenant's complaint. It also submitted rent history data with its PAR, showing there was little or no overcharge during the period it owned the building. Tenant pointed out that she had sent prior landlord a letter giving it notice. The DHCR ruled for prior landlord, accepted its rent history data and substantially reduced the amount of the overcharge finding. Landlord was given no official notification from the DRA of the complaint. It was entitled to such notice and an opportunity to submit a response.

Avenue Associates: DHCR Adm. Rev. Dckt. No. BC410488-RO (3/15/95)