Apartment Recontrolled Due to Violation Orders
LVT Number: 8013
Facts: The DHCR recontrolled tenant's decontrolled apartment because it had become a fire hazard. This was permitted by rent control regulations. Tenant's apartment had been rented in 1960. Landlord appealed, claiming that under the regulation the DHCR could recontrol only apartments that were rented on or after May 1, 1962. The court dismissed landlord's petition, and landlord appealed. Court: Landlord loses. The DHCR claimed that the May 1, 1962, date in the most recent regulation wasn't relevant. The DHCR reasonably interpreted the regulation as applying to apartments rented after April 1, 1953. This seemed to be the intent of the law, and rent control regulations should be applied broadly to protect tenants.
Matter of Legra: NYLJ, p. 31, col. 2 (6/21/93) (App. Div. 2 Dept.; Bracken, JP, Ritter, O'Brien, Santucci, JJ)