DHCR May Continue Processing Landlord's Application

November 1, 1997

LVT Number: 11852

Landlord applied to the DHCR for permission to demolish the building. Tenants in the meantime had filed a court appeal of the DHCR ruling in a harassment case. Tenants asked the court to delay the processing of the demolition application until their appeal was ruled on. The court ruled against tenants, refusing to delay the processing of the demolition application. Tenants appealed. The appeals court ruled against tenants. Tenants didn't prove irreparable injury if the processing of the demolition application wasn't delayed.

Landlord applied to the DHCR for permission to demolish the building. Tenants in the meantime had filed a court appeal of the DHCR ruling in a harassment case. Tenants asked the court to delay the processing of the demolition application until their appeal was ruled on. The court ruled against tenants, refusing to delay the processing of the demolition application. Tenants appealed. The appeals court ruled against tenants. Tenants didn't prove irreparable injury if the processing of the demolition application wasn't delayed. And even if the harassment determination was reinstated as a result of tenants' other appeal, the DHCR may still proceed with the review of the demolition application.

36th and Second Tenants Assn. v. DHCR: NYLJ, p. 26, col. 3 (10/20/97) (App. Div. 1 Dept.; Ellerin, JP, Williams, Andrias, Colabella, JJ)

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