Landlord Can't Raise New Issue on Appeal

May 31, 2001

LVT Number: 15012

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR didn't give landlord a chance to submit comparability data for apartments whose rents were no longer subject to challenge. The court and appeals court ruled against landlord. Landlord didn't raise this issue before the DHCR while its PAR was pending, so it couldn't be raised now. And the DHCR wasn't required to notify landlord of any change in the law or its procedures while the case was pending.

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR didn't give landlord a chance to submit comparability data for apartments whose rents were no longer subject to challenge. The court and appeals court ruled against landlord. Landlord didn't raise this issue before the DHCR while its PAR was pending, so it couldn't be raised now. And the DHCR wasn't required to notify landlord of any change in the law or its procedures while the case was pending.

14 L. Pierre Assocs. v. DHCR: NYLJ, 5/7/01, p. 23, col. 2 (App. Div.1 Dept.; Lerner, JP, Saxe, Buckley, Friedman, Marlow, JJ)

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