Loft Board Can Set Rent

April 30, 1999

LVT Number: 13192

The Loft Board set a legal rent for tenant's loft. Tenant brought a court case, claiming that the Loft Board's ruling was unreasonable. Tenant pointed out that the DHCR had previously made a determination of the legal rent for the loft. The court and appeals court ruled against tenant. The DHCR's prior ruling was void because the DHCR didn't have the authority to set tenant's rent. Although landlord's prior appeal of the DHCR's ruling had been denied, it had been denied for procedural reasons.

The Loft Board set a legal rent for tenant's loft. Tenant brought a court case, claiming that the Loft Board's ruling was unreasonable. Tenant pointed out that the DHCR had previously made a determination of the legal rent for the loft. The court and appeals court ruled against tenant. The DHCR's prior ruling was void because the DHCR didn't have the authority to set tenant's rent. Although landlord's prior appeal of the DHCR's ruling had been denied, it had been denied for procedural reasons.

Rosillo v. New York City Loft Board: NYLJ, p. 27, col. 3 (4/19/99) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Rubin, Saxe, Buckley, JJ)

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