Tenant Never Appealed Prior Ruling Exempting Building from Rent Stabilization

LVT Number: 17746

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant based on a prior DHCR ruling that the building was exempt from rent-stabilization based on substantial rehabilitation. Tenant appealed, claiming that landlord didn't rehabilitate at least one side of the building. The DHCR ruled against tenant. Tenants didn't appeal the DHCR's prior ruling that the building had been substantially rehabilitated.

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant based on a prior DHCR ruling that the building was exempt from rent-stabilization based on substantial rehabilitation. Tenant appealed, claiming that landlord didn't rehabilitate at least one side of the building. The DHCR ruled against tenant. Tenants didn't appeal the DHCR's prior ruling that the building had been substantially rehabilitated. So tenant couldn't question the DHCR's prior ruling in her rent overcharge case.

Eaton: DHCR Adm. Rev. Dckt. No. SE210056RT (11/4/04) [3-pg. doc.]

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