Court Can't Reinstate Tenant's Rent-Stabilization Status

Prior landlord of J-51 building obtained an order from the DHCR in 1999 that deregulated tenant’s rent-stabilized apartment. In 2009, tenant sued landlord and asked the court to declare that her apartment was again rent stabilized. Tenant relied on the ruling of New York’s highest court in Roberts v. Tishman Speyer Properties. The court ruled against tenant. Tenant didn’t appeal the DHCR’s 1999 decision by filing an Article 78 court petition. So the court had no authority to revoke the DHCR’s prior decision.