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LL DENIES RS

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Re: LL DENIES RS

Postby Cazmia » Fri May 13, 2016 12:05 am

As expected the owner has appealed..His lawyer is citing cases like Schachter v DHCR and Gersten v 56 7th Ave, LLC to say that the prior administrative determination is binding on DHCR and all subsequent parties. However, the administrative determination that stated the building was 5 units and not subject to RSL 20 years ago was a rent overcharge complaint. Our current administrative determination was a proceeding opened strictly to determine whether the current tenants are rent stabilized or not, so I don't feel this lawyers theory of administrative finality applies to us since we weren't even there all those years ago to appeal such an order...
Cazmia
 
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