Landlord Proved Checks Were Canceled

Tenant complained of a rent overcharge. The DRA ruled for tenant. While the DRA allowed some rent increase for individual apartment improvements made by landlord, the DRA disallowed an increase for $9,000 in claimed costs. The DRA found that the check offered as proof of payment for that amount appeared not to have been canceled. Landlord appealed. Landlord hadn't been asked by the DRA to submit further proof of payment and now submitted with its PAR further proof in the form of a statement from its bank that the check in question had been canceled. The DHCR ruled for landlord and allowed a further rent increase for the rest of the claimed improvements.

Edgecombe Revitalization Corp.: DHCR Admin. Rev. Dckt. No. QI410023RO (12/26/02) [3-pg. doc.]