DHCR Could Reconsider Rent Overcharge Ruling

April 1, 1996

LVT Number: 10489

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. In response to landlord's PAR, the DHCR sent the case back to the DRA to give landlord a final opportunity to submit proof of service of the initial 1984 rent registration. Tenant appealed. The court and appeals court ruled against tenant. Since the DHCR hadn't made a final administrative decision in the case, there was no basis for an appeal. And the DHCR's decision to send the case back for further fact-finding was reasonable.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. In response to landlord's PAR, the DHCR sent the case back to the DRA to give landlord a final opportunity to submit proof of service of the initial 1984 rent registration. Tenant appealed. The court and appeals court ruled against tenant. Since the DHCR hadn't made a final administrative decision in the case, there was no basis for an appeal. And the DHCR's decision to send the case back for further fact-finding was reasonable.

Hawco v. DHCR: NYLJ, p. 26, col. 4 (3/28/96) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Rubin, Nardelli, JJ)

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