DHCR Must Apply Law in Effect When Complaint Filed

May 31, 1997

LVT Number: 11533

Tenant complained of a rent overcharge. The DHCR ruled against tenant and found no overcharge. Tenant appealed. The court ruled against tenant, and tenant appealed again. The appeals court ruled for tenant and sent the case back to the DHCR for reconsideration. The DHCR had applied the law in effect at the time tenant's complaint was decided. The DHCR should have applied the law in effect at the time tenant's complaint was filed. However, tenant couldn't challenge the portion of the DHCR's ruling that prior tenant's rent included a garage space.

Tenant complained of a rent overcharge. The DHCR ruled against tenant and found no overcharge. Tenant appealed. The court ruled against tenant, and tenant appealed again. The appeals court ruled for tenant and sent the case back to the DHCR for reconsideration. The DHCR had applied the law in effect at the time tenant's complaint was decided. The DHCR should have applied the law in effect at the time tenant's complaint was filed. However, tenant couldn't challenge the portion of the DHCR's ruling that prior tenant's rent included a garage space. This finding was supported by the record, and the sworn statement tenant had since gotten from another witness hadn't been submitted to DHCR while the case was pending.

Bellin v. DHCR: NYLJ, p. 35, col. 3 (5/1/97) (App. Div. 2 Dept.; O'Brien, JP, Thompson, Joy, Altman, JJ)

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