Landlord Challenges Order's Effective Date

January 1, 1999

LVT Number: 12922

Tenants complained of a reduction in services. The DHCR ruled for tenants and reduced their rents. Landlord appealed, claiming that the effective date of the rent cuts was incorrect. The court ruled against landlord and landlord appealed. The appeals court also ruled against landlord. Landlord referred to a DOB inspection report to argue that services had been restored before the DHCR order's restoration date. But landlord couldn't attack the DHCR's order with outside documents. What mattered was what proof was before the DHCR.

Tenants complained of a reduction in services. The DHCR ruled for tenants and reduced their rents. Landlord appealed, claiming that the effective date of the rent cuts was incorrect. The court ruled against landlord and landlord appealed. The appeals court also ruled against landlord. Landlord referred to a DOB inspection report to argue that services had been restored before the DHCR order's restoration date. But landlord couldn't attack the DHCR's order with outside documents. What mattered was what proof was before the DHCR. The DHCR followed proper regulations in setting the order's effective date. Its ruling was reasonable.

Jemrock Realty Co. v. Roldan: NYLJ, p. 28, col. 1 (12/14/98) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Wallach, Williams, Mazzarelli, JJ)

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