DHCR Order Upheld

February 1, 2003

LVT Number: 16375

Tenant filed a fair market rent appeal. The DRA ruled for tenant and ordered landlord to refund $11,000. Landlord appealed to the DHCR and lost. Landlord then brought a court case, claiming that the DHCR's decision was unreasonable. The court ruled for landlord, and the DHCR appealed. The appeals court ruled for the DHCR. Landlord argued for the first time, in the court case, that tenant lacked standing to bring his complaint and didn't file the fair market rent appeal on time.

Tenant filed a fair market rent appeal. The DRA ruled for tenant and ordered landlord to refund $11,000. Landlord appealed to the DHCR and lost. Landlord then brought a court case, claiming that the DHCR's decision was unreasonable. The court ruled for landlord, and the DHCR appealed. The appeals court ruled for the DHCR. Landlord argued for the first time, in the court case, that tenant lacked standing to bring his complaint and didn't file the fair market rent appeal on time. Since landlord didn't raise these arguments before the DHCR, the court shouldn't have considered them for the first time on appeal.

374 Eastern Pkwy. Conmar Owners Corp. v. DHCR: NYLJ, 1/6/03, p. 22, col. 3 (App. Div.2 Dept.; Altman, JP, Miller, Adams, Mastro, JJ)

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