Tenant Can Enforce DHCR Order

March 1, 1996

LVT Number: 10394

Tenant filed a fair market rent appeal with the DHCR. The DHCR ruled for tenant and ordered landlord to pay tenant over $14,000. When landlord didn't do so, tenant sued landlord in court to get the money. Landlord claimed a trial was needed to determine whether landlord had been notified of the DHCR proceeding. The court ruled for landlord on this issue, and tenant appealed. The appeals court ruled for tenant. No trial was needed. There was an order from the DHCR that landlord hadn't appealed.

Tenant filed a fair market rent appeal with the DHCR. The DHCR ruled for tenant and ordered landlord to pay tenant over $14,000. When landlord didn't do so, tenant sued landlord in court to get the money. Landlord claimed a trial was needed to determine whether landlord had been notified of the DHCR proceeding. The court ruled for landlord on this issue, and tenant appealed. The appeals court ruled for tenant. No trial was needed. There was an order from the DHCR that landlord hadn't appealed. Tenant was legally entitled to enforce the DHCR order just like any court order awarding money.

Illingworth v. Greenberger: NYLJ, p. 25, col. 2 (2/2/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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