HPD Approved Rent Hikes for Section 8 Tenants

Landlord filed an Owner's Application for Modification of Maximum Collectible Rent/Government Financed or Supervised Program pursuant to rent-control regulations Section 2202.12. With its application, landlord submitted a certification from HPD that the rent increases sought were the minimum necessary for the continued financial survival of the building. HPD's certification was based on a detailed examination of landlord's financial and operating data. The DRA ruled for landlord and approved the rent increases. Tenants appealed, claiming that the rent increases would cause hardship for them. The DHCR ruled against tenants. The DHCR can't challenge HPD's certification of the need for the rent increases. So the DRA correctly approved them. In addition, tenants received Section 8 rent subsidies from HPD. They should ask HPD if they were entitled to any additional rent subsidies as a result of the DHCR's order.

Clarke et al: DHCR Adm. Rev. Docket Nos. WE220048RT et al. (8/14/08) [3-pg. doc.]