Landlord Can't Raise New Issue on Appeal

April 30, 1994

LVT Number: 8760

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant's complaint hadn't been filed on time. The DHCR ruled against landlord and dismissed its PAR. Landlord appealed again, claiming it was unfair for the DHCR to ignore its claim about the timeliness of tenant's complaint. The court and appeals court ruled against landlord. Landlord had full opportunity to respond to tenant's complaint when it was before the DRA.

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant's complaint hadn't been filed on time. The DHCR ruled against landlord and dismissed its PAR. Landlord appealed again, claiming it was unfair for the DHCR to ignore its claim about the timeliness of tenant's complaint. The court and appeals court ruled against landlord. Landlord had full opportunity to respond to tenant's complaint when it was before the DRA. It was reasonable for the DHCR to rule that landlord had waived any right to raise this issue on appeal by not raising it before the DRA.

Matter of Wembly Management Co.: NYLJ, p. 26, col. 4 (4/18/94) (App. Div. 1 Dept.; Carro, JP, Wallach, Rubin, Nardelli, JJ)

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