Tenant Can't Submit Additional Rent Payment Information for First Time on Appeal

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant, found that tenant was rent stabilized, and found an overcharge of $1,169, including triple damages. Because landlord failed to provide a lease or rent ledger available on the base rent date, the DRA applied the default method to calculate the legal base date rent. The DRA applied the applicable statutory vacancy increase from tenant's initial rent.

Tenant appealed and lost. Tenant claimed that she didn't receive the DRA's request for rental payment information for the years 2017 and 2018 and that the DRA's order therefore incorrectly based the overcharge finding on presumed rent payments. Tenant submitted with her PAR proof of additional rent payments. But the DHCR wouldn't consider proof submitted for the first time on appeal. The DHCR found that tenant received proper notice of the rent information request and provided no valid excuse for not responding. 

Young: DHCR Adm. Rev. Docket No. IS210093RK (1/12/21) [3-pg. doc.]