Tenant Didn't Appeal Luxury Deregulation Order

Landlord sued to evict tenant, whose rent-stabilized apartment had been deregulated. The court ruled for landlord. Tenant appealed, claiming that the deregulation was improper. The appeals court ruled against tenant. In 1995, the DRA granted landlord's high-rent/high-income deregulation application for tenant's apartment, based on tenant's failure to provide the required income verification. The DRA's decision was upheld by the DHCR in response to tenant's PAR. Tenant never appealed the decision any further through an Article 78 proceeding in court. So it was proper for the housing court to rely on the DHCR order in the eviction proceeding, because tenant never appealed that decision. The appeals court also couldn't consider tenant's claim that landlord's termination notice was improper, because tenant raised this issue for the first time on appeal.

88th Street Realty LP v. Arabian: NYLJ, 4/8/08, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)