Building Wasn't Covered Under Rent Control

Facts: Before April 1,1984, a rent-stabilized tenant had complained to the Conciliation and Appeals Board (CAB) about a rent overcharge. After that date, the DHCR took over the processing of her complaint. The DRA found that landlord had failed to remain a member in good standing with the Rent Stabilization Association (RSA) before April 1, 1984. Therefore, the whole building was subject to rent control effective February 1, 1984. The DHCR reset tenant's rent at a lower level, but didn't rule on her overcharge claim. Landlord appealed, showing that it had actually maintained its RSA membership. The DHCR revoked the DRA's order and sent the case back for a ruling on tenant's overcharge claim. Tenant appealed. Court: Tenant loses. The DRA's decision was wrong. Landlord had presented proof of enrollment with RSA to the DRA. And this was an issue that the DHCR was entitled to review.

[In re Willner: NYLJ, p. 22, col. 1 (12/9/92) (Sup. Ct. NY; Gammerman, J)].