Case Delayed Pending Landlord's DHCR Appeal

February 1, 1996

LVT Number: 10311

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled in tenant's favor only to the extent that it delayed execution of the eviction warrant. Tenant had filed a rent overcharge complaint against landlord. The DRA ruled in tenant's favor, and landlord appealed. Landlord's PAR was still pending before the DHCR. The DRA had ordered landlord to refund $14,000 in rent overcharges to tenant. This refund was delayed while landlord's PAR was pending.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled in tenant's favor only to the extent that it delayed execution of the eviction warrant. Tenant had filed a rent overcharge complaint against landlord. The DRA ruled in tenant's favor, and landlord appealed. Landlord's PAR was still pending before the DHCR. The DRA had ordered landlord to refund $14,000 in rent overcharges to tenant. This refund was delayed while landlord's PAR was pending. The appeals court noted that the $14,000 in question was substantially more than the $6,000 in back rent owed. So it would be unfair to evict tenant.

390 East Eight Street HDFC v. Moreno: NYLJ, p. 29, col. 4 (1/17/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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