Landlord Gets Chance to Submit Additional Proof for MBR Increase

(Decision submitted by Karen Schwartz-Sidrane of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) The DHCR denied landlord's request for MBR increases for 1990/91. Landlord appealed. The court ruled that the DHCR must reconsider its ruling and give landlord the opportunity to submit additional proof. It was reasonable for the DHCR to use the 1989 building inspection report to determine violations, since this inspection occurred only a month and a half after landlord filed its MBR application. But the DHCR didn't send landlord its customary Request for Additional Information, which entitled landlord to verify compliance and seek waivers of the violations.

London Terrace Associates v. DHCR: Index No. 110738/95 (11/15/95) (Sup. Ct. NY Co.; Ramos, J) [6-page document]