Court Lets Tenant Intervene in Landlord's Article 78 Proceeding Against DHCR

June 18, 2021

LVT Number: #31432

Landlord filed an Article 78 petition against the DHCR, seeking judicial review of the DHCR's ruling that a tenant was overcharged. The tenant asked permission to intervene in the Article 78 proceeding. Although landlord and the DHCR stipulated with tenant consenting to his intervention, the court directed tenant to make a motion to intervene. The tenant did so, and the court approved the motion. Leave to intervene was proper to ensure that tenant's interest in the outcome would be adequately represented. It didn't matter that the DHCR was a party to the proceeding.

Landlord filed an Article 78 petition against the DHCR, seeking judicial review of the DHCR's ruling that a tenant was overcharged. The tenant asked permission to intervene in the Article 78 proceeding. Although landlord and the DHCR stipulated with tenant consenting to his intervention, the court directed tenant to make a motion to intervene. The tenant did so, and the court approved the motion. Leave to intervene was proper to ensure that tenant's interest in the outcome would be adequately represented. It didn't matter that the DHCR was a party to the proceeding.

Eighth City Realty Corp. v. DHCR: Index No. 150597/2021, 2021 NY Slip Op 31594(U)(Sup. Ct. NY; 5/11/21; Nervo, J)

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