Court Can Determine Legal Regulated Rents

January 11, 2013

LVT Number: #24536

Landlord asked the DHCR to determine the legal regulated rents for five tenants' apartments. The DHCR declined because tenants already had raised that issue in a civil court case against landlord. Landlord filed an Article 78 appeal of the DHCR's decision, claiming that it was unreasonable. The court and appeals court ruled against landlord. Tenants had sued landlord in civil court, claiming a rent overcharge. The court had the authority to determine the legal regulated rents, and the DHCR's decision was therefore reasonable.

Landlord asked the DHCR to determine the legal regulated rents for five tenants' apartments. The DHCR declined because tenants already had raised that issue in a civil court case against landlord. Landlord filed an Article 78 appeal of the DHCR's decision, claiming that it was unreasonable. The court and appeals court ruled against landlord. Tenants had sued landlord in civil court, claiming a rent overcharge. The court had the authority to determine the legal regulated rents, and the DHCR's decision was therefore reasonable.

338 West 46th Street Realty LLC v. DHCR: 2012 NY Slip Op 08414, 2012 WL 6049704 (App. Div. 1 Dept.; 12/6/12; Gonzalez, PJ, Sweeny, Richter, Roman, Clark, JJ

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