Tenant Can Enforce DHCR Order in Court

May 31, 2000

LVT Number: 14127

Tenant brought a court case against landlord to enforce a DHCR fair market rent appeal decision awarding him a rent refund. Landlord claimed that tenant's court action was improper. The court ruled for landlord and dismissed the case. Tenant appealed and won. The lower court improperly applied the rules governing enforcement of rent overcharge determinations and the time limits for enforcement of rent overcharge rulings. These provisions don't apply to fair market rent appeals.

Tenant brought a court case against landlord to enforce a DHCR fair market rent appeal decision awarding him a rent refund. Landlord claimed that tenant's court action was improper. The court ruled for landlord and dismissed the case. Tenant appealed and won. The lower court improperly applied the rules governing enforcement of rent overcharge determinations and the time limits for enforcement of rent overcharge rulings. These provisions don't apply to fair market rent appeals.

Math v. Estate of Goldman: NYLJ, 5/11/00, p. 27, col. 6 (App. Div.1 Dept.; Rosenberger, JP, Williams, Lerner, Andrias, Friedman, JJ)

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