DHCR Dismisses Ruling Request by Tenant with Issues Before DHCR in Other Proceedings

Tenant asked the DHCR in January 2020 for an administrative determination regarding tenant's rent-regulated status and his apartment's legal rent. Landlord claimed that the building wasn't rent stabilized and that, prior to 2007, the building was a three-family with one store. In 2005, the building was altered to an eight-family free market building. Landlord also said it had a pending application before the DHCR to declare the building exempt from rent stabilization due to substantial rehabilitation. Tenant also had a pending rent overcharge complaint before the DHCR. The DRA dismissed tenant's complaint, finding that the issues would be determined in the other pending DHCR proceedings.

Tenant appealed and lost. There were no errors of law or fact in the DRA's decision. So there was no grounds for a PAR. And the issues raised by tenant's request for an administrative determination could be determined in the overcharge complaint and substantial rehab proceedings.

Sanjurjo: DHCR Adm. Rev. Docket No. JR210003RT (4/29/22)[3-pg. document]