Tenant's Apartment Was Decontrolled

May 31, 2004

LVT Number: 17380

In a dispute over coverage of tenant's apartment, the DRA ruled that tenant was rent controlled. Landlord appealed. The DHCR ruled for landlord and found that there had been a substantial alteration warranting decontrol. Tenant appealed. The court and appeals court ruled against tenant. The DHCR's decision was reasonable. And tenant couldn't raise factual issues before the court that he didn't raise in response to landlord's PAR.

In a dispute over coverage of tenant's apartment, the DRA ruled that tenant was rent controlled. Landlord appealed. The DHCR ruled for landlord and found that there had been a substantial alteration warranting decontrol. Tenant appealed. The court and appeals court ruled against tenant. The DHCR's decision was reasonable. And tenant couldn't raise factual issues before the court that he didn't raise in response to landlord's PAR.

Soderberg v. DHCR: NYLJ, 5/3/04, p. 26, col. 3 (App. Div. 1 Dept.; Tom, JP, Ellerin, Lerner, Marlow, JJ)

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