DHCR Must Decide Subtenant's Complaints Within 60 Days

LVT Number: 9691

Facts:-Subtenant of rent-stabilized apartment paid tenant $450 per month rent for two years under a sublease. Tenant then renewed the sublease and charged subtenant $700 per month. In April 1994, subtenant filed two complaints with the DHCR, one for rent overcharge and one claiming that landlord should offer her a renewal lease for the apartment. Landlord then started an eviction action against tenant and subtenant. Subtenant sued the DHCR, demanding that the agency make a decision on her complaints.

Facts:-Subtenant of rent-stabilized apartment paid tenant $450 per month rent for two years under a sublease. Tenant then renewed the sublease and charged subtenant $700 per month. In April 1994, subtenant filed two complaints with the DHCR, one for rent overcharge and one claiming that landlord should offer her a renewal lease for the apartment. Landlord then started an eviction action against tenant and subtenant. Subtenant sued the DHCR, demanding that the agency make a decision on her complaints. The DHCR claimed that it had a backlog of other cases and that subtenant hadn't submitted all the requested information to decide her case

Stone v. DHCR: NYLJ, p. 26, col. 3 (4/26/95) (Sup. Ct. N.Y.; Gammerman, J)