DHCR Must Consider Leases Submitted by Landlord After PAR Decision

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled for tenant, finding willful overcharge and ordering a refund with triple damages. Landlord appealed, claiming that the DHCR’s decision was arbitrary and unreasonable. The court ruled for landlord and sent the case back to the DHCR for reconsideration. The DHCR appealed and lost. The lower court made no mistake in sending the case back to the DHCR for reconsideration of the evidence, including leases submitted by landlord after the DHCR made its ruling on landlord’s PAR.

Lee v. DHCR: NYLJ, 5/12/10, p. 41, col. 6 (App. Div. 2 Dept.; Miller, JP, Leventhal, Chambers, Lott, JJ)