DHCR to Decide If Building Is Covered

LVT Number: 8405

The DHCR ruled that landlord's building was subject to rent stabilization. Landlord appealed, claiming the building was exempt. The court ruled against landlord, and landlord appealed again. The appeals court sent the case back to the DHCR for a new ruling. In a similar case, decided after landlord's case, the DHCR admitted it had applied the wrong standards in determining that the building was rent-stabilized.

The DHCR ruled that landlord's building was subject to rent stabilization. Landlord appealed, claiming the building was exempt. The court ruled against landlord, and landlord appealed again. The appeals court sent the case back to the DHCR for a new ruling. In a similar case, decided after landlord's case, the DHCR admitted it had applied the wrong standards in determining that the building was rent-stabilized.

Matter of Kontos: NYLJ, p. 27 col. 2 (11/26/93) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ross, Asch, Rubin, JJ)