DHCR Can Demand Tenant Association Membership List

April 30, 1999

LVT Number: 13217

Facts: Landlord of 10-building apartment complex applied for MCI rent hikes. The DRA ruled for landlord, and tenants appealed. The DHCR ruled against tenants, partly because they hadn't submitted a current tenant association membership list. Tenants sued the DHCR in federal court to prevent disclosure of the membership list. Tenants claimed that disclosure would violate their First and Fourteenth Amendment rights to freedom of association and expression. The DHCR asked the court to dismiss the case without a trial. Court: Tenants lose.

Facts: Landlord of 10-building apartment complex applied for MCI rent hikes. The DRA ruled for landlord, and tenants appealed. The DHCR ruled against tenants, partly because they hadn't submitted a current tenant association membership list. Tenants sued the DHCR in federal court to prevent disclosure of the membership list. Tenants claimed that disclosure would violate their First and Fourteenth Amendment rights to freedom of association and expression. The DHCR asked the court to dismiss the case without a trial. Court: Tenants lose. Tenants didn't show either a history of retaliation by landlord or a likelihood of retaliation or harassment after disclosure of the membership list.

Doyle v. DHCR: NYLJ, p. 37, col. 2 (4/7/99) (S.D.NY; Koeltl, J)

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