Landlord Can't Challenge Tenant's Rent-Controlled Status

May 31, 2004

LVT Number: 17368

Tenant complained of a rent overcharge. He claimed that he was rent controlled. The DHCR ruled for tenant. Landlord didn't appeal but later asked the DHCR to determine that tenant was rent stabilized, not rent controlled. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Landlord didn't raise the issue of tenant's status in response to the overcharge complaint and had accepted tenant's rent-controlled rent for 16 years.

Tenant complained of a rent overcharge. He claimed that he was rent controlled. The DHCR ruled for tenant. Landlord didn't appeal but later asked the DHCR to determine that tenant was rent stabilized, not rent controlled. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Landlord didn't raise the issue of tenant's status in response to the overcharge complaint and had accepted tenant's rent-controlled rent for 16 years. The DHCR also had the authority to revoke prior orders stating that the apartment was rent stabilized based on an irregularity in a vital matter.

442 W. 45th St., Inc. v. DHCR: NYLJ, 5/13/04, p. 28, col. 3 (App. Div. 1 Dept.; Tom, JP, Andrias, Saxe, Sullivan, Marlow, JJ)

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