Professional Use Violates Zoning Law

March 1, 1996

LVT Number: 10455

Tenant complained of a rent overcharge. The DHCR ruled against tenant. The DRA found that tenant's apartment was exempt from rent-stabilization because it was devoted to a professional use. This use was barred by the Great Neck Village Zoning Code. Tenant appealed. The court ruled for tenant and revoked the DHCR's order. Landlord couldn't take advantage of its own zoning violations to deregulate an otherwise rent-stabilized apartment.

Tenant complained of a rent overcharge. The DHCR ruled against tenant. The DRA found that tenant's apartment was exempt from rent-stabilization because it was devoted to a professional use. This use was barred by the Great Neck Village Zoning Code. Tenant appealed. The court ruled for tenant and revoked the DHCR's order. Landlord couldn't take advantage of its own zoning violations to deregulate an otherwise rent-stabilized apartment.

Reiss v. DHCR: NYLJ, p. 33, col. 4 (2/14/96) (Sup. Ct. Nassau; Franco, J)

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