Notice to DHCR Not Required

Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict occupant of rent-controlled apartment through a licensee holdover case. Occupant claimed pass-on rights to the apartment. Landlord asked the court for permission to conduct pretrial questioning. Occupant asked the court to dismiss the case. Occupant claimed that landlord's court papers were defective because landlord didn't send a copy of the termination notice to the DHCR within 48 hours after sending it to occupant, in violation of rent control regulations. The court ruled against occupant. No notice to the DHCR is required in a licensee case after tenant dies. Landlord, on the other hand, was entitled to conduct pretrial questioning.

Ben Shu Mgmt. v. John and/or Jane Doe: Index No. 88743/01 (Civ. Ct. NY 11/20/01; Alpert, J) [4-pg. doc.]