Rent Administrator Didn't Consider Documents Submitted by New Landlord

Rent-stabilized tenant complained of rent overcharge. Landlord didn’t respond and the DRA ruled for tenant. Landlord was ordered to refund $33,000, including triple damages based on use of the DHCR’s Default Rent Formula #1. New landlord appealed, claiming that it was unaware of tenant’s complaint and not given a chance to answer. The DHCR reopened the case and sent it back to the DRA to give new landlord a chance to answer. The DRA ruled against new landlord, finding that nothing it submitted changed the result. New landlord appealed again, pointing out that it had submitted recently discovered proof of individual apartment improvements (IAIs). The DHCR ruled for landlord, and again sent the case back for reconsideration. During that time, the previously ordered rent reduction would remain in place, but the ordered refund was stayed.

Remsen Avenue NY, LLC: DHCR Adm. Rev. Docket No. ER210009RP (8/2/16) [4-pg. doc.]