DHCR Can Appeal Remand Order

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord, and tenant appealed. Tenant claimed that the DHCR shouldn't have accepted rent records from landlord with its PAR and that the delay in the case had caused tenant harm. The court sent the case back to the DHCR for a hearing on landlord's PAR. The court's order was vague as to the purpose of the hearing. The DHCR then appealed. Tenant claimed that the DHCR didn't have a right to appeal because the court's order wasn't a final order. The appeals court ruled for the DHCR. Normally, a party can't appeal from interim court remand orders. But the rent control law specifically allows the DHCR to go to the appeals court in such cases if it disputes the remand. The appeals court also found that the trial court should have resolved the issues of the case and not sent it back to the DHCR. The issue was whether the decision for landlord was reasonable.

McKinnon v. Aponte: 601 NYS2d 631 (8/30/93) (App. Div. 2 Dept.; Thompson, JP, Sullivan, Ritter, Joy, JJ)