DHCR Didn't Settle Judgment on Time

March 1, 2000

LVT Number: 13928

Tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages. Landlord appealed by starting a court case. The court ruled against landlord and ordered that a judgment be settled. The DHCR didn't settle the judgment within 60 days of the court's decision, and landlord later asked the court to find that its decision was abandoned because of the DHCR's failure to act. The court and appeals court ruled against landlord. Deeming the court's decision to be abandoned would be unjust.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages. Landlord appealed by starting a court case. The court ruled against landlord and ordered that a judgment be settled. The DHCR didn't settle the judgment within 60 days of the court's decision, and landlord later asked the court to find that its decision was abandoned because of the DHCR's failure to act. The court and appeals court ruled against landlord. Deeming the court's decision to be abandoned would be unjust.

Argento v. DHCR: NYLJ, 2/18/00, p. 33, col. 3 (App. Div.2 Dept.; Joy, JP, Altman, Goldstein, Schmidt, JJ)

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