Tenant Can't Present Proof for the First Time on Appeal

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,150, including triple damages and interest. Tenant appealed and lost. Among other things, the DRA's order deducted $9,000 in rent arrears from any overcharge refund that may be due to tenant. Tenant claimed that the DRA didn't consider a housing court order approving a settlement agreement with landlord and showing that payment had been made. The DHCR denied tenant's PAR. Tenant relied on a copy of an August 2017 housing court order issued five months before the DRA decided the overcharge case. But tenant never submitted this document to the DRA, had no explanation for why he didn't, and the DHCR couldn't consider that information for the first time on appeal.

Powell: DHCR Adm. Rev. Docket No. GN610058RT (2/8/19) [3-pg. doc.]