Tenant Can't Submit New Evidence on Appeal

November 1, 1999

LVT Number: 13642

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord submitted proof of apartment improvements made by prior landlord and claimed there was no overcharge. The DRA ruled that there was no overcharge. Tenant appealed, objecting to landlord's proof of apartment improvements. The DHCR ruled against tenant. The DRA had sent tenant a copy of landlord's answer, including a list of claimed apartment improvements for which landlord sought a 1/40th rent increase.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord submitted proof of apartment improvements made by prior landlord and claimed there was no overcharge. The DRA ruled that there was no overcharge. Tenant appealed, objecting to landlord's proof of apartment improvements. The DHCR ruled against tenant. The DRA had sent tenant a copy of landlord's answer, including a list of claimed apartment improvements for which landlord sought a 1/40th rent increase. Tenant never responded to the DRA's notice, and so couldn't submit new evidence on appeal.

Fleury: DHCR Adm. Rev. Dckt. No. MA210132RT (9/16/99) [2-pg. doc.]

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