MBR Increase Properly Ordered Despite Tenant's Service Claims

June 30, 2006

LVT Number: 18968

Landlord obtained 1996-97 MBR rent increases from the DHCR. Tenant objected. The DHCR ruled against tenant, and tenant appealed. The court ruled for tenant and sent the case back to the DHCR for further fact finding. Landlord appealed and won. The DHCR's ruling was reasonable and consistent with the Rent Control Law. Tenant claimed that landlord wasn't maintaining services at the building. But tenant didn't file a reduction in services complaint with the DHCR.

Landlord obtained 1996-97 MBR rent increases from the DHCR. Tenant objected. The DHCR ruled against tenant, and tenant appealed. The court ruled for tenant and sent the case back to the DHCR for further fact finding. Landlord appealed and won. The DHCR's ruling was reasonable and consistent with the Rent Control Law. Tenant claimed that landlord wasn't maintaining services at the building. But tenant didn't file a reduction in services complaint with the DHCR. And, based on HPD records, landlord proved it had cleared all rent-impairing violations and 80 percent of non-rent-impairing violations six months before it filed for the MBR increases.

Drennan v. DHCR: NYLJ, 6/22/06, p. 33, col. 4 (App. Div. 1 Dept.; Andrias, JP, Marlow, Sullivan, Gonzalez, Sweeny, J)

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