Federal Court Rejects Tenant's Challenge of MCI Rent Hike

The DHCR granted landlord's application for MCI rent hikes. Tenant repeatedly lost appeals to the DHCR and the courts, which upheld the increases. Tenant then sued the State of New York in federal court. He claimed that the state violated his rights to equal protection, due process, and free speech because the DHCR failed to honor his procedural right to object to landlord's rent increase application. The court ruled against tenant. Tenant didn't state a claim, and the state had immunity under the Eleventh Amendment. The DHCR did give tenant notice and opportunity to comment on the proposed rent increase. Any inadvertent nonconsideration of tenant's response when the MCI increase was granted was, if anything, a violation of certain procedural due process rights rather than a violation of tenant's First Amendment right to free speech.

Helgason v. State of New York: Index No. 10 Civ 5116, NYLJ No. 1202499027846 (SDNY; 6/24/11; Francis, MJ)