Landlord's Response Not Forwarded to Proper Rent Office

August 31, 1998

LVT Number: 12609

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent based on landlord's failure to answer the complaint. Landlord appealed, claiming that an answer had been filed. The DHCR ruled for landlord and sent the case back for further processing. Although the DHCR's notice form directed landlord to send its answer to 156 William Street, New York, N.Y., landlord mailed its answer to the DHCR's Gertz Plaza, Queens office.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent based on landlord's failure to answer the complaint. Landlord appealed, claiming that an answer had been filed. The DHCR ruled for landlord and sent the case back for further processing. Although the DHCR's notice form directed landlord to send its answer to 156 William Street, New York, N.Y., landlord mailed its answer to the DHCR's Gertz Plaza, Queens office. This was landlord's error, but landlord showed proof of receipt by the DHCR at Gertz Plaza. The DHCR should have forwarded landlord's answer to the other office.

Tulane Realty Co.: DHCR Adm. Rev. Dckt. No. LH110074RO (5/8/98) [2-page document]

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