Retrial Ordered on Coverage Issue

August 31, 1999

LVT Number: 13523

Landlord sued to evict tenant, claiming that tenant's apartment wasn't rent-stabilized because tenant had an office lease. Tenant claimed he was rent-stabilized. The court ruled for landlord. Tenant later asked the court to vacate the judgment, attaching copies of the DHCR rent registrations for the apartment with his request. The court ruled against tenant, and he appealed. The appeals court ruled for tenant and sent the case back for a new trial. The lower court improperly ruled that the DHCR would handle the rent stabilization issue and didn't allow tenant to develop his claim.

Landlord sued to evict tenant, claiming that tenant's apartment wasn't rent-stabilized because tenant had an office lease. Tenant claimed he was rent-stabilized. The court ruled for landlord. Tenant later asked the court to vacate the judgment, attaching copies of the DHCR rent registrations for the apartment with his request. The court ruled against tenant, and he appealed. The appeals court ruled for tenant and sent the case back for a new trial. The lower court improperly ruled that the DHCR would handle the rent stabilization issue and didn't allow tenant to develop his claim.

Harvey v. Dan Heller Realty Corp.: NYLJ, p. 26, col. 1 (8/5/99) (App. T.1 Dept.; McCooe, PJ, Freedman, Davis, JJ)

Topics

More like this