Landlord Can't Appeal Nonfinal DHCR Order

January 1, 2001

LVT Number: 14653

The DHCR consolidated tenant's overcharge complaint and a later complaint for review. Landlord appealed the ruling by the DHCR to consolidate the cases. The court ruled against landlord because there had been no final ruling on the actual issues by the DHCR and directed that the cases be remanded to the DHCR for a final determination. Landlord appealed again and lost. Landlord claimed that it would be harmed by the DHCR's interim ruling that it must produce rent records dating back to 1989.

The DHCR consolidated tenant's overcharge complaint and a later complaint for review. Landlord appealed the ruling by the DHCR to consolidate the cases. The court ruled against landlord because there had been no final ruling on the actual issues by the DHCR and directed that the cases be remanded to the DHCR for a final determination. Landlord appealed again and lost. Landlord claimed that it would be harmed by the DHCR's interim ruling that it must produce rent records dating back to 1989. But landlord can't raise this claim until and unless the DHCR actually makes a ruling against landlord.

Leist v. DHCR: 715 NYS2d 55 (App. Div.1 Dept. 2000; Nardelli, JP, Tom, Lerner, Buckley, Friedman, JJ)

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