Landlord Claims Tenant Didn't File Objection to Registration on Time

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Facts: Landlord rented tenant a basement apartment in 1982. In 1983 landlord rented same tenant a first-floor apartment directly above the basement apartment. In 1985 tenant vacated the first-floor apartment. At some point in either 1984 or 1986, tenant complained of rent overcharge by filing an objection to rent registration. In 1986 the DHCR issued an interim order expelling tenant's apartment from rent stabilization and placing it under rent control. The DHCR's interim order stated that in February 1984 tenant filed a timely objection to landlord's 1984 registration statement; tenant claimed it didn't received a copy of the RR-1 form. Landlord argued that tenant's objection to the 1984 registration wasn't filed until February 1986, pointing out the filing numbers and the fact that the DHCR tenant objection form didn't exist in February 1984. The DHCR issued a final order in July 1994, placing tenant's apartment under rent control and finding a rent overcharge. Landlord didn't file a PAR but did file a request for reconsideration. The DHCR ruled against landlord, finding that there weren't any facts that would change the initial decision. Tenant then sued landlord to re-cover the overcharges. Landlord claimed that the DHCR's decision was illegal and therefore tenant wasn't entitled to any overcharge refund. Tenant argued that landlord shouldn't be allowed to raise this issue. Court: Landlord wins. The DHCR placed the apartment under rent control for reasons now in question. As a defense, landlord can raise a claim that the DHCR's decision was illegal. But landlord must join the DHCR to the proceeding as a party. The court granted permission for landlord to do so.

Slusser v. Chilvers: Index No. 134489/94 (5/21/96) (Sup. Ct. NY; Ramos, J) [5-page document]