Prior DHCR Order Determined Apartment Covered

March 1, 2005

LVT Number: 17971

Landlord sought a DHCR ruling that tenant's apartment wasn't regulated. The DHCR ruled against landlord, finding that tenant's apartment was covered by the ETPA. Landlord appealed. The court and appeals court ruled against landlord. Prior DHCR rulings issued in 1985 and 1988 found that tenant was subject to ETPA coverage. Tenant had lived in the apartment since 1961. New landlord can't get a new ruling on the same facts. The DHCR's prior rulings were final determinations and weren't appealed.

Landlord sought a DHCR ruling that tenant's apartment wasn't regulated. The DHCR ruled against landlord, finding that tenant's apartment was covered by the ETPA. Landlord appealed. The court and appeals court ruled against landlord. Prior DHCR rulings issued in 1985 and 1988 found that tenant was subject to ETPA coverage. Tenant had lived in the apartment since 1961. New landlord can't get a new ruling on the same facts. The DHCR's prior rulings were final determinations and weren't appealed.

33 Prospect St. Corp. v. DHCR: NYLJ, 2/22/05, p. 34 col. 3 (App. Div. 2 Dept.; Florio, JP, Krausman, Goldstein, Mastro, JJ)

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