DHCR and Court Issue Contrary Rulings

Tenant claimed that she had pass-on rights to a rent-stabilized apartment and complained to the DHCR that landlord refused to give her a renewal lease. Landlord never answered tenant's complaint. Instead, a month after tenant complained to the DHCR, landlord started an eviction proceeding in housing court and obtained a judgment of possession. Shortly thereafter, the DRA ruled for tenant and ordered landlord to give her a renewal lease, based on landlord's failure to answer tenant's DHCR complaint. Landlord appealed, claiming that the court had decided the issue in landlord's favor. Landlord also claimed that the DHCR order named the wrong landlord. The DHCR ruled against landlord. The DHCR order was issued to a corporation listed as landlord at the same address on annual rent registrations filed since 2002. The courts and DHCR both had authority to rule on succession rights cases. Landlord didn't inform the DRA about the court decision, and the DRA properly ruled for tenant based on landlord's default.

Pavel: DHCR Adm. Rev. Docket No. VF210020RO (10/16/07) [2-pg. doc.]