Court Can't Award Use and Occupancy in Challenge to DHCR Rent Overcharge Case

September 30, 2004

LVT Number: 17617

Facts: Four tenants filed rent overcharge complaints. Landlord claimed that tenants were no longer rent stabilized because the building's RPTL Section 421-a tax benefits had expired. The DHCR ruled for tenants. The DHCR found that construction of the building was completed before Jan. 1, 1974. So the building remained rent stabilized even after the 421-a benefits ended. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord asked the court to award use and occupancy while the court challenge was pending. Court: Landlord loses.

Facts: Four tenants filed rent overcharge complaints. Landlord claimed that tenants were no longer rent stabilized because the building's RPTL Section 421-a tax benefits had expired. The DHCR ruled for tenants. The DHCR found that construction of the building was completed before Jan. 1, 1974. So the building remained rent stabilized even after the 421-a benefits ended. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord asked the court to award use and occupancy while the court challenge was pending. Court: Landlord loses. Landlord started the court case to challenge the DHCR's decision. The court couldn't order tenants to pay landlord use and occupancy in this type of case.

Bridgeview Garden Apts. LLC v. DHCR: NYLJ, 9/22/04, p. 19, col. 1 (Sup. Ct. Richmond; Vitaliano, J)

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