Tenant Claims Landlord Submitted Fraudulent Renewal Leases

August 31, 2005

LVT Number: 18335

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord submitted fraudulent leases to the DRA. She said the DRA should have held a hearing to review the evidence. The DHCR ruled against tenant. The DRA isn't required to hold hearings. Tenant was given sufficient opportunity to submit proof of her claim that landlord's leases were forged. She didn't do so.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord submitted fraudulent leases to the DRA. She said the DRA should have held a hearing to review the evidence. The DHCR ruled against tenant. The DRA isn't required to hold hearings. Tenant was given sufficient opportunity to submit proof of her claim that landlord's leases were forged. She didn't do so. And the DRA had granted tenant's request to reconsider the case after making its initial decision.

Tittmann: DHCR Adm. Rev. Dckt. No. TG410009RT (8/18/05) [4-pg. doc.]

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