Deregulation Applies Despite Pending Appeal on Registration Issue

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied in 1995 for high-rent/high-income destabilization of tenant's apartment. The DRA ruled for landlord based on tenant's failure to file an answer within 60 days of notice of landlord's petition. Tenant appealed, claiming his default was excusable. Tenant also claimed that no decision could be made on the deregulation issue, because he had a pending rent registration challenge based on a rent overcharge. The DHCR ruled against tenant based on his default and found that the pending court appeal of tenant's rent registration claim didn't bar a ruling on the deregulation issue. The DHCR had finally ruled against tenant in the rent registration case. Tenant had brought an appeal in state Supreme Court that was still pending. But the court hadn't issued an order to the DHCR to delay a ruling in the deregulation case.

Gardner: DHCR Adm. Rev. Dckt. No. LA410061RT (8/14/97) [6-page document]