Building Was Exempt from Rent Stabilization Based on Prior DHCR Finding of Substantial Rehab

Tenant complained to the DHCR of rent overcharge and claimed that his apartment had been unlawfully deregulated. The DRA ruled against tenant and dismissed the case. Tenant appealed and lost. In a prior decision, the DHCR had ruled 20 years earlier that tenant's building was exempt from rent stabilization due to substantial rehabilitation. Therefore, the building was no longer subject to the Rent Stabilization Law. The prior DHCR decision was a final, unchallenged ruling, and tenant couldn't try to litigate the issue 20 years later.

Tudi: DHCR Adm. Rev. Docket No. KU210006RT (12/13/22)[2-pg. document]