Tenant Gets Interest from Date of DRA's Order

November 1, 2006

LVT Number: 19197

Tenant complained of a rent overcharge. The DRA ruled against tenant in 1995, and tenant appealed. Tenant claimed that his complaint was, in fact, a fair market rent appeal. The DHCR ruled for tenant in 2000. Tenant appealed, seeking an award of interest. The court ruled for tenant in part and awarded him interest from the date of the DHCR's order in 2000. Tenant appealed again, claiming he should get interest from 1995. The appeals court ruled for tenant. Prior case law states that tenants are entitled to interest on fair market rent appeal awards from the date of the DRA's order.

Tenant complained of a rent overcharge. The DRA ruled against tenant in 1995, and tenant appealed. Tenant claimed that his complaint was, in fact, a fair market rent appeal. The DHCR ruled for tenant in 2000. Tenant appealed, seeking an award of interest. The court ruled for tenant in part and awarded him interest from the date of the DHCR's order in 2000. Tenant appealed again, claiming he should get interest from 1995. The appeals court ruled for tenant. Prior case law states that tenants are entitled to interest on fair market rent appeal awards from the date of the DRA's order. Therefore, tenant was entitled to interest from 1995.

Ellison v. DHCR: NYLJ, 10/23/06, p. 33, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Tom, Marlow, Nardelli, Williams, JJ)

Topics

More like this