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, finding that 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. Tenant appealed and lost.
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, finding that 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. Tenant appealed and lost. The appeals court found that Roberts applied retroactively, but since the DHCR issued a final decision on tenant's rent-stabilized status in 1999, tenant was barred from attacking that ruling indirectly by suing landlord years later.
Gersten v. 56 7th Avenue LLC: 2011 NY Slip Op 06300, 2011 WL 3611920 (App. Div. 1 Dept.; Tom, JP, Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ)
