Employee Unaffected by DHCR Ruling

Landlord's employee appealed a DHCR ruling that certain apartments in a hotel-stabilized building were exempt from rent stabilization. The DHCR argued that employee had no standing to challenge its ruling. The court ruled for the DHCR, and employee appealed. The appeals court ruled against employee. He wasn't a tenant and wasn't affected by the DHCR's ruling. Although employee argued that his right to collective bargaining and to organize under the Real Property Law were affected by the DHCR's ruling, he didn't raise this before the DHCR, and his rights weren't affected by the DHCR's ruling.

Heilweil v. DHCR: NYLJ, 11/26/04, p. 25, col. 2 (App. Div. 1 Dept.; Andrias, JP, Sullivan, Ellerin, Lerner, Marlow, JJ)