Court Revokes DHCR Decision Granting MCI Rent Hike

November 25, 2018

LVT Number: #29762

The DRA denied landlord's application for MCI rent hikes based on an elevator upgrade. Landlord appealed, and the DHCR ruled for landlord. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was unreasonable. The court ruled for tenant. The DHCR's decision to reverse the DRA's initial denial was arbitrary since it provided no basis for considering the owner's actions to clear "C" violations at the building, which weren't cleared until after the DRA issued its ruling.

The DRA denied landlord's application for MCI rent hikes based on an elevator upgrade. Landlord appealed, and the DHCR ruled for landlord. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was unreasonable. The court ruled for tenant. The DHCR's decision to reverse the DRA's initial denial was arbitrary since it provided no basis for considering the owner's actions to clear "C" violations at the building, which weren't cleared until after the DRA issued its ruling.

Partman v. DHCR: Index No. 158766/2017, NYLJ, 10/17/18, p. 21, col. 1 (Sup. Ct. NY; 9/14/18; Bluth, J)

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