DHCR Correctly Found Rent Overcharge Based on 1996 Rent Reduction Order

March 19, 2018

LVT Number: #28263

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and found an overcharge based on outstanding rent reduction orders for the apartment dated Oct. 9, 1996, and July 7, 1997. Landlord filed an Article 78 appeal and won. The court revoked the DHCR's ruling and sent the case back to the DHCR for further consideration. The DHCR then appealed, and the appeals court upheld the DHCR's original decision. The DHCR properly took into account the rent reduction orders.

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and found an overcharge based on outstanding rent reduction orders for the apartment dated Oct. 9, 1996, and July 7, 1997. Landlord filed an Article 78 appeal and won. The court revoked the DHCR's ruling and sent the case back to the DHCR for further consideration. The DHCR then appealed, and the appeals court upheld the DHCR's original decision. The DHCR properly took into account the rent reduction orders. The DHCR's decision was not made in violation of lawful procedure, wasn't affected by an error of law, and wasn't arbitrary, capricious, or an abuse of discretion.

Napa Partners, LLC v. DHCR: 67 NYS3d 857, 2018 NY Slip Op 00836 (App. Div. 2 Dept.; 2/7/18; Rivera, JP, Hall, Roman, Christopher, JJ)

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