DHCR Must Determine Base Date Rent

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) The DHCR set the legal regulated rent for tenant's apartment. But the DHCR denied landlord's request to determine the amount of the legal rent for the period of tenant's occupancy beginning four years before the date the case was started, in 1993. Landlord appealed. The appeals court ruled for landlord. In a proceeding to establish an unknown legal regulated rent under Rent Stabilization Code Section 2522.6, the court found that the rent must be adjusted effective the first rent payment date 30 days after the filing of the application. So the DHCR was required to establish the legal regulated rent for the period during which the proceeding was pending or to determine another effective date. The DHCR didn't do either and incorrectly denied landlord's application.

Rego Estates v. DHCR: NYLJ, 8/1/05, p. 26, col. 4 (App. Div. 2 Dept.; Miller, JP, Krausman, Spolzino, Lipson, JJ)