Court Can Determine Legal Regulated Rents
LVT Number: #24536
Landlord asked the DHCR to determine the legal regulated rents for five tenants' apartments. The DHCR declined because tenants already had raised that issue in a civil court case against landlord. Landlord filed an Article 78 appeal of the DHCR's decision, claiming that it was unreasonable. The court and appeals court ruled against landlord. Tenants had sued landlord in civil court, claiming a rent overcharge. The court had the authority to determine the legal regulated rents, and the DHCR's decision was therefore reasonable.