Landlord Submitted Questionable Documentation

Tenant complained of a rent overcharge. Landlord claimed that improvements had been made to the apartment before tenant moved in. The DRA ruled for tenant, finding a willful rent overcharge. Landlord was ordered to refund $25,000 to tenant, which included triple damages. Landlord appealed, claiming error in the DRA's rejection of its proof of ''1/40th'' improvements. The DHCR ruled against landlord. Landlord's proof of the improvements was questionable. Among other things, landlord had submitted a letter signed by prior tenant in support of its claim. But prior tenant submitted a sworn statement claiming that landlord forged the letter. In addition, invoices from a vendor didn't indicate that landlord had paid them. The fronts of checks submitted by landlord didn't indicate that they paid for equipment for tenant's apartment and weren't encoded by the bank to indicate that they were cashed. The copies of backs of canceled checks submitted by landlord didn't appear to match the fronts.

Newhattan Realty: DHCR Adm. Rev. Dckt. No. KE410029RP (8/1/96) [5-page document]