DHCR Must Pay Fees of $25,000 to Tenant

July 31, 2000

LVT Number: 14266

Tenant complained of a rent overcharge after he learned of prior tenant's fair market rent appeal. The DHCR ruled against tenant. Tenant appealed and won. The DHCR had improperly refused to consider its own orders as part of the apartment's four-year rent history. The DHCR had claimed that the orders concerned events occurring more than four year before tenant filed his complaint. But the orders were issued during the four-year period. Tenant then asked for attorney's fees. The court ruled for tenant.

Tenant complained of a rent overcharge after he learned of prior tenant's fair market rent appeal. The DHCR ruled against tenant. Tenant appealed and won. The DHCR had improperly refused to consider its own orders as part of the apartment's four-year rent history. The DHCR had claimed that the orders concerned events occurring more than four year before tenant filed his complaint. But the orders were issued during the four-year period. Tenant then asked for attorney's fees. The court ruled for tenant. Under the Equal Access to Justice Act, tenant was entitled to attorney's fees because the DHCR's claim wasn't substantially justified or reasonable.

Crabtree v. DHCR: NYLJ, 7/19/00, p. 23, col. 3 (Sup. Ct. NY; Lippman, J)

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