Tenant Can't Raise Claim in Nonpayment Case

November 1, 2001

LVT Number: 15356

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay $17,000 in back rent. Tenant appealed, claiming that a prior DHCR decision against him in a fair market rent appeal incorrectly set the rent. The appeals court ruled against tenant. Tenant can't challenge the DHCR order in the nonpayment case. Tenant should have appealed the DHCR order if he didn't agree with it.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay $17,000 in back rent. Tenant appealed, claiming that a prior DHCR decision against him in a fair market rent appeal incorrectly set the rent. The appeals court ruled against tenant. Tenant can't challenge the DHCR order in the nonpayment case. Tenant should have appealed the DHCR order if he didn't agree with it.

Marz Realty, Inc. v. Reichman: NYLJ, 10/30/01, p. 20, col. 2 (App. T.2 Dept.; Patterson, JP, Golia, Rios, JJ)

Topics

More like this