Landlord Didn't Apply for Increase on Time

November 1, 1993

LVT Number: 8312

The DHCR reduced tenant's rent, and landlord appealed. Landlord claimed that tenant's ``sweetheart lease'' wasn't subject to rent stabilization. The court and the appeals court ruled against landlord, finding the DHCR's ruling to be reasonable. Tenant's lease was subject to section 24 of the prior rent stabilization code. This required landlord to apply for a rent adjustment within 60 days of either the adoption of the Code or the start of the first tenancy occurring after June 30, 1974.

The DHCR reduced tenant's rent, and landlord appealed. Landlord claimed that tenant's ``sweetheart lease'' wasn't subject to rent stabilization. The court and the appeals court ruled against landlord, finding the DHCR's ruling to be reasonable. Tenant's lease was subject to section 24 of the prior rent stabilization code. This required landlord to apply for a rent adjustment within 60 days of either the adoption of the Code or the start of the first tenancy occurring after June 30, 1974. Rent Stabilization Code section 35 didn't apply; that provision applied only in situations where tenant had performed work for landlord in exchange for a reduced rent.

Matter of Albe Realty Co.: NYLJ, p. 23, col. 4 (10/26/93) (App. Div. 2 Dept.; Thompson, JP, Ritter, Santucci, Joy, JJ)

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