DRA Order Issued Prematurely

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Apartment occupant claimed that he was rent-controlled tenant and asked the DHCR to make a ruling on the question. The DRA ruled for occupant, and landlord appealed. Before occupant complained to the DHCR, landlord had sued to evict him in housing court. Landlord claimed that occupant was a licensee with no right to live in the rent-controlled apartment after tenant died. Occupant claimed pass-on rights to the apartment. The court had just granted landlord permission to conduct pretrial questioning. There was no decision yet in the court case. The DHCR ruled for landlord. The DRA's ruling was premature. Since there was a pending court case, the DHCR wouldn't go forward with occupant's complaint unless ordered by the court to do so.

Ventura L. Broadway: DHCR Adm. Rev. Dckt. No. RG420031RO (1/13/04) [2-pg. doc.]