Landlord Bound by Prior DHCR Rulings

November 1, 2001

LVT Number: 15408

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled against landlord. Landlord appealed and lost. The housing court correctly ruled that landlord was barred by prior DHCR rulings from denying that it had deprived tenants of an essential service and from claiming that its alternate means of garbage disposal was an adequate substitute for the essential service. The court further correctly ruled that landlord was barred from collecting claimed MBR increases because of the DHCR rent reduction order in effect for not maintaining the essential service.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled against landlord. Landlord appealed and lost. The housing court correctly ruled that landlord was barred by prior DHCR rulings from denying that it had deprived tenants of an essential service and from claiming that its alternate means of garbage disposal was an adequate substitute for the essential service. The court further correctly ruled that landlord was barred from collecting claimed MBR increases because of the DHCR rent reduction order in effect for not maintaining the essential service.

Westmoreland Assocs., LLC v. Kispert: NYLJ, 10/30/01, p. 19, col. 6 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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