Landlord Agreed to Pay for Installation of New Windows

April 30, 1993

LVT Number: 6929

Landlord owned unsold shares to cooperative apartments. Landlord applied for MCI rent hikes for those apartments. The DRA granted landlord's application, but the DHCR revoked the increases. Landlord had agreed in the cooperative offering plan to install windows and upgrade electrical service in all apartments at its sole cost and expense. Landlord appealed, claiming that the DHCR issued this policy only after landlord had filed its application. The appeals court denied landlord's petition.

Landlord owned unsold shares to cooperative apartments. Landlord applied for MCI rent hikes for those apartments. The DRA granted landlord's application, but the DHCR revoked the increases. Landlord had agreed in the cooperative offering plan to install windows and upgrade electrical service in all apartments at its sole cost and expense. Landlord appealed, claiming that the DHCR issued this policy only after landlord had filed its application. The appeals court denied landlord's petition. The DHCR's decision wasn't arbitrary or capricious, and the new policy went into effect while landlord's application was pending.

Central Management Corp. v. Higgins: 593 NYS2d 884 (3/1/93) (App. Div. 2 Dept.; Bracken, JP, Eiber, Ritter, Santucci, JJ)

Topics

More like this