New Evidence Allowed on Appeal

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit rental history data. Landlord appealed, claiming it was never sent a copy of tenant's complaint and never given an opportunity to submit the rent history. Landlord submitted with its PAR a copy of the full rent history dating back to 1977. The DHCR ruled for landlord. DHCR records showed that landlord's proper address was registered with the agency but that tenant's complaint had been sent to a wrong address. DHCR's records also showed that the apartment was decontrolled in 1977. The rent history showed there was a total overcharge of under $300, which landlord was directed to refund with interest.

London Terrace Assocs.: DHCR Adm. Rev. Dckt. No. CF410267RO (12/27/96) [3-page document]