Landlord Can't Demand Deregulated Rent While DHCR Reconsiders Case

February 1, 2000

LVT Number: 13878

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed a deregulated rent of $3,300 per month because the DHCR had granted landlord's application for high-rent/high-income deregulation of tenant's apartment. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had appealed the DHCR's order, and the court had sent the case back to the DHCR for reconsideration. So enforcement of the 1996 deregulation order was delayed pending the outcome of the remanded PAR proceeding.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed a deregulated rent of $3,300 per month because the DHCR had granted landlord's application for high-rent/high-income deregulation of tenant's apartment. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had appealed the DHCR's order, and the court had sent the case back to the DHCR for reconsideration. So enforcement of the 1996 deregulation order was delayed pending the outcome of the remanded PAR proceeding. In the meantime, landlord can't enforce the deregulated renewal lease, which provided for the $3,300 rent.

Park Towers South Co. v. Brick: NYLJ 1/13/00, p. 28, col. 5 (App. T.1 Dept.; McCooe, PJ, Freedman, Davis, JJ)

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