Landlord Submitted False Documents

LVT Number: 8693

Tenant complained of a rent overcharge. Landlord claimed that improvements costing $8,000 were made to tenant's apartment before tenant moved in. The DRA ruled for tenant and disallowed over $6,000 of landlord's claimed costs in calculating the lawful rent. The apartment number had been changed on several checks supposedly documenting payment for work done on tenant's apartment. Given the dispute over landlord's documents, the DHCR held a hearing to gather information on what work was actually done. The DHCR then ruled against landlord.

Tenant complained of a rent overcharge. Landlord claimed that improvements costing $8,000 were made to tenant's apartment before tenant moved in. The DRA ruled for tenant and disallowed over $6,000 of landlord's claimed costs in calculating the lawful rent. The apartment number had been changed on several checks supposedly documenting payment for work done on tenant's apartment. Given the dispute over landlord's documents, the DHCR held a hearing to gather information on what work was actually done. The DHCR then ruled against landlord. While it appeared that work was done in tenant's apartment and that some money was paid to vendors by check, landlord submitted false documents for later work, with false notarizations of photocopied signatures. This cast doubt on the validity of various documents submitted by landlord, and justified disallowing all claimed costs of improvements. The DHCR noted that courts have upheld this position in the past.

80 East 3rd Street, Apt. 2: DHCR Adm. Rev. Dckt. Nos. GI 410171-RO; GJ 410131-RT (2/23/94) [15-page document]

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