Court Can't Change Effective Date of DHCR's Order

April 1, 1993

LVT Number: 6906

Tenant complained of reduced services. The DHCR reduced tenant's rent effective March 1, 1989, and landlord appealed. The trial court in Nassau County upheld the rent cut, but ruled it wasn't effective until September 1, 1989. The DHCR appealed, claiming that the court had no authority to change the effective date of the rent cut. The appeals court agreed, pointing out that in its PAR before the DHCR landlord didn't raise the issue of when the rent reduction should be effective. Landlord couldn't raise that issue for the first time in his court appeal.

Tenant complained of reduced services. The DHCR reduced tenant's rent effective March 1, 1989, and landlord appealed. The trial court in Nassau County upheld the rent cut, but ruled it wasn't effective until September 1, 1989. The DHCR appealed, claiming that the court had no authority to change the effective date of the rent cut. The appeals court agreed, pointing out that in its PAR before the DHCR landlord didn't raise the issue of when the rent reduction should be effective. Landlord couldn't raise that issue for the first time in his court appeal.

Matter of Mott: NYLJ, p. 31, col. 5 (3/18/93) (App. Div. 2 Dept.; Thompson, JP, Rosenblatt, Eiber, Miller, JJ)

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