Backflow Device Doesn't Qualify

June 30, 1994

LVT Number: 8938

Landlord applied for MCI rent hikes based on the installation of a backflow device. The DHCR denied landlord's application. Landlord appealed, and the court ruled for landlord. The DHCR appealed, and the appeals court revoked the MCI increase. The court can't substitute its judgment for the DHCR's, as long as the agency's ruling is reasonable.

Landlord applied for MCI rent hikes based on the installation of a backflow device. The DHCR denied landlord's application. Landlord appealed, and the court ruled for landlord. The DHCR appealed, and the appeals court revoked the MCI increase. The court can't substitute its judgment for the DHCR's, as long as the agency's ruling is reasonable.

Matter of Harbor One Company: NYLJ, p. 30, col. 6 (6/28/94) (App. Div. 2 Dept.; Thompson, JP, Rosenblatt, Miller, Ritter, JJ)

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