Landlord Can't Appeal Nonfinal Order

Facts: In 1967 landlord obtained decontrol of apartment for owner occupancy. Twenty years later, current tenant of apartment complained to the DHCR, claiming the apartment was rent-regulated. The DRA ruled against tenant, finding that the apartment was decontrolled in 1967 and that the apartment wasn't part of a horizontal multiple dwelling. Tenant appealed, claiming that the 1967 decontrol was obtained by fraud. The DHCR found that there was a question about both the fraud and whether the building was a horizontal multiple dwelling. So the DHCR sent the case back to the DRA for further fact-finding. Landlord appealed and won. The court vacated the DHCR's order. The DHCR then appealed, arguing that landlord's appeal was premature. Court: DHCR wins. The DHCR's decision on tenant's PAR, which sent the case back to the DRA for further consideration, wasn't a final administrative determination. Therefore, by law, landlord didn't have a right to appeal yet.

Livingston Associates v. DHCR: NYLJ, p. 29, col. 5 (10/17/95) (App. Div. 2 Dept.; Thompson, JP, Copertino, Hart, Goldstein, JJ)