DHCR's Five-Year Delay Unfair

(Decision submitted by Mark H. Cohen of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a $9,600 overcharge based on landlord's failure to produce the initial lease for the period June 1974 through June 1976. Landlord appealed, arguing that the DHCR's five-year delay in deciding the case was unfair. The court ruled for landlord and revoked the overcharge finding. Landlord had properly registered the apartment and had produced leases and rent records back to 1976. The DHCR's five-year delay in processing the overcharge proceeding was arbitrary and capricious.

Lukin v. DHCR: Index No. 102296/97 (6/4/97) (Sup. Ct. NY; Tompkins, J)