DHCR Gets 60 Days to Decide MCI Application

November 1, 1993

LVT Number: 8298

Landlord applied for MCI rent hikes based on improvements costing over $925,000. Landlord filed its application in April 1988. As of December 1992, the DHCR still hadn't made a ruling. Landlord then sued the DHCR and asked the court to force the DHCR to make a decision on its application. The DHCR argued that there was no time limit for it to do so. The court ruled for landlord and ordered the DHCR to decide landlord's application within 60 days. The DHCR had an absolute duty to decide landlord's application within a reasonable time.

Landlord applied for MCI rent hikes based on improvements costing over $925,000. Landlord filed its application in April 1988. As of December 1992, the DHCR still hadn't made a ruling. Landlord then sued the DHCR and asked the court to force the DHCR to make a decision on its application. The DHCR argued that there was no time limit for it to do so. The court ruled for landlord and ordered the DHCR to decide landlord's application within 60 days. The DHCR had an absolute duty to decide landlord's application within a reasonable time.

Quadrangle Realty Services v. New York State Division of Housing and Community Renewal: NYLJ, p. 29, col. 1 (10/27/93) (Sup. Ct. Queens; Friedmann, J)

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