Tenant Never Appealed DHCR Rent Overcharge Decision Naming Incorrect Owner
LVT Number: #28554
Former rent-stabilized tenant sued building owner and asked the court to correct a 2008 DHCR rent administrator's order. In 2008, the DRA ruled that JPR Zito was the building owner and must refund rent overcharges to tenant. But JPR Zito didn't exist. The building was owned by Rosa Zito and her now deceased husband, Mario Zito. Tenant couldn't enforce a judgment of rent overcharge against Rosa Zito because the order mistakenly named JPR Zito as the owner. The court dismissed the case. Tenant appealed and lost. The DRA's order didn't name Rosa Zito as the landlord, so tenant couldn't seek a judgment against her for an overcharge refund. And tenant didn't file a PAR in 2008 to appeal the DRA's decision. So tenant couldn't seek to amend that decision through this lawsuit 10 years later.
Matneja v. Zito: 2018 NY Slip Op 05299, 2018 WL 3449900 (App. Div. 2 Dept.; 7/18/18; Rivera, JP, Austin, Connolly, Iannacci, JJ)