Landlord Can't Bypass Final Court Ruling Through DHCR Application

In 2018, landlord asked the DHCR for a ruling on an apartment's rent-regulatory status. Landlord claimed that the building was a two-family dwelling built in 1942 and therefore wasn't subject to rent stabilization. Landlord argued that the Kings County Civil Court had mistakenly ruled in March 2018 that the apartment was rent stabilized, in response to an eviction proceeding seeking owner occupancy. The DRA ruled against landlord, who appealed and lost. The March 2018 housing court decision wasn't appealed, and a second housing court case also cited the first decision, to find that the apartment was rent stabilized. Landlord can't collaterally attack an unfavorable court decision by seeking a different ruling from the DHCR after the court issued a final ruling.

Lin: DHCR Adm. Rev. Docket No. HR210002RO (8/11/21)[2-pg. document]