40-Year Old Decontrol Order Is Binding

(Decision submitted by Blaine Schwadel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) In 1951, the rent administrator decontrolled landlord's building, based on a structural change resulting from substantial alterations that created additional housing units---specifically ``self-contained family units.'' In 1993, tenant asked the DRA to reconsider the 1951 decontrol order. Tenant had lived in the building since 1964. Tenant now claimed that the 1951 alterations had actually resulted in a decrease, not an increase, in housing units. Landlord argued that the law in effect in 1951 only required an increase in the number of self-contained apartments. The DRA ruled for landlord. The DRA found that the law in 1951 required an increase in the number of housing units. But it was unclear whether the rent administrator at that time had made a mistake about the law or about the facts. There was no indication of any fraud on landlord's part. And a mere mistake wasn't sufficient reason to reconsider a final administrative order.

Smith: DRA Dckt. No. ZHF-420013-AD (9/3/93) [3-page document]