Two Apartments Covered

April 30, 2002

LVT Number: 15793

Tenant occupied two apartments in landlord's building. The DHCR ruled that both apartments were rent controlled. Landlord appealed and lost. In a prior eviction case, the court ruled that tenant was rent controlled. So landlord couldn't seek a different ruling from the DHCR. The DHCR was legally bound by the court's prior ruling on the issue.

Tenant occupied two apartments in landlord's building. The DHCR ruled that both apartments were rent controlled. Landlord appealed and lost. In a prior eviction case, the court ruled that tenant was rent controlled. So landlord couldn't seek a different ruling from the DHCR. The DHCR was legally bound by the court's prior ruling on the issue.

Khan v. DHCR: NYLJ, 4/4/02, p. 23, col. 4 (App. Div.2 Dept.; Ritter, JP, Goldstein, Friedmann, Luciano, JJ)

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