Tenant Gets Judgment for $11,000

May 31, 1995

LVT Number: 9778

Tenant asked the court to enforce a DHCR rent overcharge award. The court ruled for tenant, awarding her $11,000. Landlord appealed, claiming she never got the DRA's order. The appeals court ruled against landlord. Landlord's mere claim of not getting the DRA's order wasn't sufficient to overcome the presumption of receipt. The DHCR's clerical and mail-room workers signed sworn statements setting forth their routine office procedures. And landlord can't attack the validity of the DRA's order without ever having filed a PAR or a court appeal

Tenant asked the court to enforce a DHCR rent overcharge award. The court ruled for tenant, awarding her $11,000. Landlord appealed, claiming she never got the DRA's order. The appeals court ruled against landlord. Landlord's mere claim of not getting the DRA's order wasn't sufficient to overcome the presumption of receipt. The DHCR's clerical and mail-room workers signed sworn statements setting forth their routine office procedures. And landlord can't attack the validity of the DRA's order without ever having filed a PAR or a court appeal

Stone v. Goldberg: NYLJ, p. 27, col. 2(5/11/95) (App. Div. 1 Dept.; Ellerin, JP, Wallach,Kupferman, Nardelli, Mazzarelli, JJ)

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