Tenant's Appeal of Deregulation Order Filed Too Late

November 15, 2013

LVT Number: #25168

In 2005, the NYC Loft Board ruled that tenant's apartment was no longer subject to rent regulation. In 2012, tenant filed an Article 78 mandamus petition seeking: (1) annulment of the 2005 Loft Board order; (2) a new order declaring that the apartment was rent stabilized; and (3) an order that the Loft Board set the initial stabilized rent for the apartment. The court ruled against tenant. If tenant wanted to appeal the 2005 order, he should have filed an Article 78 petition for judicial review within four months.

In 2005, the NYC Loft Board ruled that tenant's apartment was no longer subject to rent regulation. In 2012, tenant filed an Article 78 mandamus petition seeking: (1) annulment of the 2005 Loft Board order; (2) a new order declaring that the apartment was rent stabilized; and (3) an order that the Loft Board set the initial stabilized rent for the apartment. The court ruled against tenant. If tenant wanted to appeal the 2005 order, he should have filed an Article 78 petition for judicial review within four months. Tenant couldn't sidestep this requirement by framing his petition as one for mandamus relief. Tenant argued incorrectly that he could challenge the rent-regulated status of his unit at any time.

Zabari v. NYC Loft Board: Index No. 103725/12, NYLJ No. 1202625225534 (Sup. Ct. NY; 10/7/13; Ling-Cohan, J)

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