DHCR Properly Denied Application Due to Outstanding Violations

November 1, 2004

LVT Number: 17668

Landlord applied for MCI rent hikes. The DHCR ruled against landlord because there were HPD reports of hazardous violations at the building at the time the DHCR decided landlord's application. Landlord appealed. The court and appeals court ruled against landlord. Landlord's application had been reopened for reconsideration based on irregularity in vital matters. The DHCR followed proper procedure when it did this. So landlord's application was pending upon reconsideration when violations were reported. Landlord's application was properly denied.

Landlord applied for MCI rent hikes. The DHCR ruled against landlord because there were HPD reports of hazardous violations at the building at the time the DHCR decided landlord's application. Landlord appealed. The court and appeals court ruled against landlord. Landlord's application had been reopened for reconsideration based on irregularity in vital matters. The DHCR followed proper procedure when it did this. So landlord's application was pending upon reconsideration when violations were reported. Landlord's application was properly denied.

370 Manhattan Ave. Co., LLC v. DHCR: NYLJ, 10/25/04, p. 28, col. 4 (App. Div. 1 Dept.; Tom, JP, Sullivan, Williams, Lerner, Sweeny, JJ)

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