DHCR Order Not Binding on Court

Facts:Landlord sued to evict tenant. Tenant claimed that he was residential and covered by the ETPA. Landlord claimed that tenant was commercial. The DHCR had previously ruled that tenant was commercial, and landlord claimed that the court was bound by that order. Courts:Landlord loses. Before the DHCR order was issued, the appeals court had ruled that a new trial was required in the eviction case. It said the trial court had left out proof that tenant wanted to introduce to support his claim that landlord convinced him to move to the premises. The court found that the DHCR's order wasn't binding because the appeals court had already ordered a new trial. If landlord wanted to stop the trial, pending a ruling on the effect of the DHCR order, it must bring a court case to do so.

Benroal Realty Assocs., LLP v. Lowe: NYLJ, 2/27/02, p. 25, col. 4 (Dist. Ct. Nassau; Gartner, J)