Tenant Can't Get Money Judgment Until PAR Decided

September 30, 1993

LVT Number: 8194

In response to tenant's complaint, the DRA ruled that landlord had overcharged tenant, and directed landlord to refund over $9,000 to tenant. Tenant got a money judgment for this amount. Landlord asked the court to stop tenant from enforcing the judgment. The court ruled against landlord, and landlord appealed. Landlord showed that she had filed a PAR with the DHCR, appealing the overcharge decision. Under the Rent Stabilization Code, the action she took delayed any right to get a judgment based on the order until a final decision was made on the PAR.

In response to tenant's complaint, the DRA ruled that landlord had overcharged tenant, and directed landlord to refund over $9,000 to tenant. Tenant got a money judgment for this amount. Landlord asked the court to stop tenant from enforcing the judgment. The court ruled against landlord, and landlord appealed. Landlord showed that she had filed a PAR with the DHCR, appealing the overcharge decision. Under the Rent Stabilization Code, the action she took delayed any right to get a judgment based on the order until a final decision was made on the PAR.

Gelbart v. Borglum: 600 NYS2d 705 (7/22/93) (App. Div. 1 Dept.; Hilonas, JP, Rosenberger, Ellerin, Kupferman, JJ)

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