Landlord Submitted False Evidence

Tenant complained of a rent overcharge. The DRA ruled against tenant based on rent history records that landlord submitted. Tenant appealed, claiming that landlord submitted false leases. The DHCR held a hearing and ruled for tenant. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord claimed that tenant had improperly contacted the DHCR by sending it a letter, claiming that there had never been a more obvious case of landlord abuse. Landlord claimed that this biased the DHCR against him. The court ruled for landlord and ordered a new DHCR hearing. The DHCR appealed and won. Tenant's letter didn't bias the DHCR. It was clear that the DHCR's decision was based on the record in the case. And it would be unfair to require tenant to relocate witnesses for a new hearing almost 15 years after he filed his complaint.

Mengoni v. DHCR: NYLJ, 1/25/01, p. 27, col. 2 (App. Div.1 Dept.; Tom, JP, Andrias, Wallach, Saxe, JJ)