Loft Board Can Award Rent Increase to Landlord

January 1, 2003

LVT Number: 16311

Landlord applied to the Loft Board for a rent increase for tenant's loft. Tenant didn't respond within 45 days to notice of landlord's application and so defaulted by not objecting within the legal time limit for doing so. Tenant appealed, claiming that the Loft Board didn't have authority to order the rent increase. The court and appeals court ruled against tenant. The Loft Board properly ruled on this issue. Another pending court action between landlord and tenant involving the rent for the loft didn't bar the Loft Board's action.

Landlord applied to the Loft Board for a rent increase for tenant's loft. Tenant didn't respond within 45 days to notice of landlord's application and so defaulted by not objecting within the legal time limit for doing so. Tenant appealed, claiming that the Loft Board didn't have authority to order the rent increase. The court and appeals court ruled against tenant. The Loft Board properly ruled on this issue. Another pending court action between landlord and tenant involving the rent for the loft didn't bar the Loft Board's action.

Halo v. The New York City Loft Board: NYLJ, 12/12/02, p. 20, col. 1 (App. Div.1 Dept.; Nardelli, JP, Tom, Mazzarelli, Buckley, Ellerin, JJ)

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