DHCR Didn't Give Landlord Notice of Change in Law

January 1, 1998

LVT Number: 11999

Tenant complained of a rent overcharge in 1983. The DRA converted the case to a fair market rent appeal and ruled for tenant. Landlord appealed. The DHCR ruled against landlord and dismissed its PAR. Landlord appealed again, claiming that the DHCR didn't give it the chance to submit additional comparability data under the amended rent stabilization law and code. The court and appeals court ruled against landlord. Landlord didn't raise this argument before the DHCR, so it couldn't be considered for the first time in court.

Tenant complained of a rent overcharge in 1983. The DRA converted the case to a fair market rent appeal and ruled for tenant. Landlord appealed. The DHCR ruled against landlord and dismissed its PAR. Landlord appealed again, claiming that the DHCR didn't give it the chance to submit additional comparability data under the amended rent stabilization law and code. The court and appeals court ruled against landlord. Landlord didn't raise this argument before the DHCR, so it couldn't be considered for the first time in court. And since tenant's complaint was filed in 1983, the law in effect prior to April 1, 1984, determined what comparability data landlord could submit.

Jemrock Realty Co. v. DHCR: NYLJ, p. 26, col. 1 (12/15/97) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rubin, Tom, Mazzarelli, JJ)

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