Landlord Submitted Altered Checks

Landlord applied for MCI rent hikes for rewiring. The DRA ruled for landlord but disallowed $3,000 of landlord's claimed costs. Landlord had admitted that his check for this amount was submitted in error and that it was for costs at a different building. Landlord appealed, claiming that he had spent the $3,000 on the MCI but that the actual check for the building in question had been lost. The DHCR ruled against landlord. The check submitted was admittedly the wrong check. And that check also apparently had been altered. The check amount, payee, and signature were all faint, while the date and notations of the building's address in both the upper and lower portion of the check were much darker. So the DRA properly disallowed this check as proof of payment for the MCI.

Ko: DHCR Admin. Rev. Dckt. No. QC210054RO (5/1/02) [2-pg. doc.]