Landlord Requested More Time to Answer

LVT Number: #24318

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $91,000, including triple damages. Landlord appealed, and pointed out that on April 8, 2011, it asked the DRA for an extension until April 30, 2011, to further respond to tenant's complaint. The DRA didn't respond, but issued its order on April 26, 2011. Landlord submitted its further answer on April 30, as it had requested. The DHCR reopened the case. Landlord's extension request was in the DHCR's file, but wasn't considered before the DRA issued its order.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $91,000, including triple damages. Landlord appealed, and pointed out that on April 8, 2011, it asked the DRA for an extension until April 30, 2011, to further respond to tenant's complaint. The DRA didn't respond, but issued its order on April 26, 2011. Landlord submitted its further answer on April 30, as it had requested. The DHCR reopened the case. Landlord's extension request was in the DHCR's file, but wasn't considered before the DRA issued its order. The DRA should consider landlord's April 30, 2011, response.

Crispell Realty Group LLC: DHCR Adm. Rev. Docket No. ZE11026RO (7/26/12) [2-pg. doc.]

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