D'Alessandro v. New York State Division of Housing & Community Renewal

In a prior DHCR proceeding commenced in 2005, petitioner Andres Baltra sought to have “the legal rent removed” from his lease because it was “not valid,” and have it replaced by the “preferential rent” stated in the lease. DHCR rejected Baltra’s claim that the registered legal rent was “not valid,” and established the legal rent for the two-year period running from December 1, 2004, through November 30, 2006. Baltra never appealed from that order, which became final.

In the instant proceeding, petitioners again seek to “remove” the legal rent, asserting that it should be replaced with the…