DHCR Decided Issue

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that the DHCR had already decided that issue in tenant's favor. Landlord pointed out that the DHCR didn't have the authority to rule on the issue of nonprimary residence. The rent stabilization code stated that this was an issue to be decided by the courts. Also, the DRA had only ruled that tenant's wife was entitled to a renewal lease. Tenant and his wife had moved out of the apartment. Tenant's wife then moved back in. Also, landlord had filed a PAR against the DRA's order that was pending when tenant's last renewal lease expired. Landlord claimed that he had to preserve his rights by starting the court case. The court ruled for tenant and dismissed the case. Even though the DHCR decision was under appeal, it was a final order, and landlord couldn't bring the court case seeking a different result.

Tursi v. Anderson: NYLJ, 9/27/00, p. 27, col. 4 (Civ. Ct. NY; Wendt, J)