Landlord's Hardship Application Denied

February 8, 2012

LVT Number: #23921

Landlord was a cooperative corporation and holder of unsold shares of rent-controlled apartments in the building. Landlord applied to the DHCR for hardship rent increases for the rent-controlled apartments. The DHCR ruled against landlord. Landlord appealed, claiming that the agency's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR's decision to adopt a new standard in calculating equalized assessed value for hardship rent increases wasn't arbitrary and capricious.

Landlord was a cooperative corporation and holder of unsold shares of rent-controlled apartments in the building. Landlord applied to the DHCR for hardship rent increases for the rent-controlled apartments. The DHCR ruled against landlord. Landlord appealed, claiming that the agency's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR's decision to adopt a new standard in calculating equalized assessed value for hardship rent increases wasn't arbitrary and capricious. And the DHCR properly considered as income maintenance payments paid to the cooperative corporation.

London Terrace Associates LP v. DHCR: 2012 NY Slip Op 22015, 2012 WL 171679 (Sup. Ct. NY; 1/18/12; Hagler, J)

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