Tenant's Apartment Covered

June 30, 1996

LVT Number: 10700

New landlord served longtime tenant with a termination notice. The building was constructed prior to 1947 and was never registered in accordance with rent control laws. Tenant asked the DHCR to determine the status of the apartment. The DHCR ruled that tenant's apartment was rent-controlled. Landlord appealed, claiming that the DHCR's ruling was unreasonable and placed an unfair burden on landlord. The court and appeals court ruled against landlord. The DHCR's decision was supported by the facts and wasn't arbitrary or capricious.

New landlord served longtime tenant with a termination notice. The building was constructed prior to 1947 and was never registered in accordance with rent control laws. Tenant asked the DHCR to determine the status of the apartment. The DHCR ruled that tenant's apartment was rent-controlled. Landlord appealed, claiming that the DHCR's ruling was unreasonable and placed an unfair burden on landlord. The court and appeals court ruled against landlord. The DHCR's decision was supported by the facts and wasn't arbitrary or capricious.

Felton v. Halperin: NYLJ, p. 30, col. 4 (6/25/96) (App. Div. 2 Dept.; Miller, JP, Copertino, Santucci, Altman, JJ)

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