DHCR Must Use Law in Effect When Complaint Filed

April 30, 1996

LVT Number: 10567

Tenant complained of a rent overcharge. The DHCR ruled against tenant, and tenant appealed. Tenant had filed his complaint in March 1984. Landlord submitted only a four-year rent history in accordance with the law that went into effect on April 1, 1984. The court ruled for tenant. The law in effect when a rent overcharge complaint is filed is the law that should be applied to processing the complaint. Under prior law, landlord was required to submit a complete rent history. The case was sent back to the DHCR for further processing.

Tenant complained of a rent overcharge. The DHCR ruled against tenant, and tenant appealed. Tenant had filed his complaint in March 1984. Landlord submitted only a four-year rent history in accordance with the law that went into effect on April 1, 1984. The court ruled for tenant. The law in effect when a rent overcharge complaint is filed is the law that should be applied to processing the complaint. Under prior law, landlord was required to submit a complete rent history. The case was sent back to the DHCR for further processing.

Ortiz v. Halperin: 639 NYS2d 200 (1996) (App. Div. 2 Dept.; Green, JP, Lawton, Wesley, Doerr, Davis, JJ)

Topics

More like this