Effect of Order on First Rent-Stabilized Tenant

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a DHCR rent reduction order in effect that lowered his rent below what landlord was demanding. The court ruled for tenant and dismissed the case. Landlord appealed and won. Tenant was the first rent-stabilized tenant in the apartment. The DHCR had issued an order finding a reduction in services and, in accordance with the law and regulations, ordered the rent to be reduced to the level in effect before the most recent rent guidelines adjustment. But in this case there was no prior guidelines adjustment, because tenant was the first rent-stabilized tenant. The law didn't provide for this situation, and the court stated that any further provision must be made by the legislature, not the courts.

Lorcorp, Inc. v. Burke: NYLJ, 7/24/00, p. 31, col. 2 (App. T.2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)