DHCR Must Decide Improvement Rent Increase Challenge

April 1, 2004

LVT Number: 17230

(Decision submitted by New Rochelle, N.Y., attorney Hal Weiner, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord charged an improper rent increase for 1/40th improvements made before tenant moved in. The court ruled for tenant, finding that landlord had insufficient proof of the cost of kitchen and bathroom renovations. Landlord appealed, arguing that only the DHCR could decide tenant's rent overcharge claim. The appeals court ruled for landlord.

(Decision submitted by New Rochelle, N.Y., attorney Hal Weiner, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord charged an improper rent increase for 1/40th improvements made before tenant moved in. The court ruled for tenant, finding that landlord had insufficient proof of the cost of kitchen and bathroom renovations. Landlord appealed, arguing that only the DHCR could decide tenant's rent overcharge claim. The appeals court ruled for landlord. Either the court or the DHCR could decide a claim of rent overcharge. But only the DHCR could decide tenant's challenge to an individual apartment rent increase. The appeals court reinstated the 1/40th rent increase and added it to the amount of back rent due landlord.

Rockaway One Co., LLC v. Wiggins: NYLJ, 3/17/04, p. 29, col. 6 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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