DHCR Should Defer to Court

LVT Number: 17138

Tenant complained of improper eviction. The DRA ruled for tenant, and landlord appealed. Landlord had sent tenant a notice to cure and termination notice based on nuisance and noise from her apartment. Landlord then started an eviction case against tenant on these grounds. The DHCR ruled for landlord and dismissed tenant's complaint. The Tenant Protection Regulations allow landlord to start a court case based on tenant's wrongful acts. The DRA should have waited for the court to decide the pending eviction case.

Tenant complained of improper eviction. The DRA ruled for tenant, and landlord appealed. Landlord had sent tenant a notice to cure and termination notice based on nuisance and noise from her apartment. Landlord then started an eviction case against tenant on these grounds. The DHCR ruled for landlord and dismissed tenant's complaint. The Tenant Protection Regulations allow landlord to start a court case based on tenant's wrongful acts. The DRA should have waited for the court to decide the pending eviction case.

199 Apt. Assocs.: DHCR Adm. Rev. Dckt. No. RH910018RO (12/17/03) [2-pg. doc.]

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