Tenant Can't Enforce Overcharge Order While PAR Pending

April 1, 2002

LVT Number: 15722

Tenant sued landlord for money owed under the DRA's rent overcharge order. The court ruled for tenant and awarded him $1,900. Landlord appealed, pointing out that it had a PAR pending before the DHCR against the DRA's decision. The appeals court ruled for landlord. Tenant can't enforce the portion of the DRA's order awarding an overcharge penalty while landlord's PAR was pending. The Rent Stabilization Code gives landlord a delay of that portion of the order pending appeal.

Tenant sued landlord for money owed under the DRA's rent overcharge order. The court ruled for tenant and awarded him $1,900. Landlord appealed, pointing out that it had a PAR pending before the DHCR against the DRA's decision. The appeals court ruled for landlord. Tenant can't enforce the portion of the DRA's order awarding an overcharge penalty while landlord's PAR was pending. The Rent Stabilization Code gives landlord a delay of that portion of the order pending appeal.

St. Hilaire v. Parkash: NYLJ, 3/7/02, p. 22, col. 5 (App. T.2 Dept.; Aronin, JP, Golia, Rios, JJ)

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