No Proof Landlord Didn't Get Tenant's Complaint

March 1, 2006

LVT Number: 18711

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint. Landlord appealed, claiming that it never received notice of tenant's complaint. The DHCR denied landlord's PAR, and landlord challenged the DHCR's ruling in court, claiming that it was unreasonable. The court and appeals court ruled against landlord. The DHCR showed proof that it had complied with routine mailing procedures and had sent landlord both the notice of tenant's complaint and a final notice of triple damages.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint. Landlord appealed, claiming that it never received notice of tenant's complaint. The DHCR denied landlord's PAR, and landlord challenged the DHCR's ruling in court, claiming that it was unreasonable. The court and appeals court ruled against landlord. The DHCR showed proof that it had complied with routine mailing procedures and had sent landlord both the notice of tenant's complaint and a final notice of triple damages. Landlord had no proof to support its claim that it didn't receive the complaint. And the DHCR properly disregarded the meager proof landlord submitted for the first time with its PAR.

425 3rd Ave. Realty Co. v. DHCR: NYLJ, 2/9/06, p. 28, col. 4 (App. Div. 1 Dept.; Andrias, JP, Saxe, Friedman, Catterson, Malone, JJ)

Topics

More like this