O&M Schedule Sent to Wrong Landlord

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that landlord hadn't filed an Operating and Maintenance (O&M) Expense Schedule for the 1988-89 Guidelines period on time. So landlord couldn't collect a Guidelines rent increase for leases commencing between Oct. 1, 1988, and Sept. 30,1989. Landlord appealed, claiming that prior landlord never received the O&M forms from the DHCR for that period. The DHCR ruled for landlord. The DHCR's own records showed that the O&M Schedule for the year in question had been sent to the wrong landlord. So landlord was entitled to the applicable rent increase for that period and there was no overcharge.

Seven Oaks Realty Corp.: DHCR Adm. Rev. Dckt. No. EJ810140RO (7/14/98) [3-page document]