§ 3807

Citation: § 3807
Parent Document: Michael Joseph Levy & Carmel Partners, Inc. d/b/a Quarry II, LLC v. and District of Columbia Housing Commission (2015)
Jurisdiction: DC (municipal)
Effective Date: 2015-11-19
Original Source: https://www.courtlistener.com/opinion/3158576/michael-joseph-levy-carmel-part... ↗

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         The record indicates that Mr. Levy presented a January 2009 notice of rent
increase during the first and second appeal to RHC. Mr. Levy also asserts that he
presented the RHC with an October 2007 notice of rent increase in the second
appeal, though the record does not appear to support that assertion. The record
does reflect, however, that Mr. Levy mailed the October 2007 notice to the ALJ
about four months after the July 2007 evidentiary hearing. Mr. Levy has not
argued, here or at any stage of the administrative proceedings, that the ALJ should
have considered the October 2007 notice as evidence of Mr. Levy’s damages --
indeed, Mr. Levy sent the document in an effort to impeach testimony by one of
Quarry’s witnesses on an unrelated matter not raised in this appeal. Nor has Mr.
Levy argued at any stage of the proceedings that the ALJ should have considered
the October 2007 notice as properly admitted evidence. Rather, Mr. Levy notes in
this court that he would need to admit this evidence “for the first time” if he were
afforded an additional evidentiary hearing, and that the RHC should have
considered this new evidence on appeal.
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