MCI Rent Hikes Denied Due to Class "C" Building Violations

August 31, 2011

LVT Number: #23596

The DHCR revoked MCI rent hikes previously granted to landlord after discovering that there were Class “C” hazardous violations on the building at the time the MCI rent hikes had originally been granted. Landlord appealed, claiming that the DHCR’s decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. The DHCR’s decision was rational. Tenants had submitted proof of the “C” violations to the DRA before the case was remitted previously for reconsideration.

The DHCR revoked MCI rent hikes previously granted to landlord after discovering that there were Class “C” hazardous violations on the building at the time the MCI rent hikes had originally been granted. Landlord appealed, claiming that the DHCR’s decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. The DHCR’s decision was rational. Tenants had submitted proof of the “C” violations to the DRA before the case was remitted previously for reconsideration. So this proof was part of the administrative record and properly considered.

Fieldbridge Associates, LLC v. DHCR: NYLJ 8/16/11, p. 27, col. 3 (App. Div. 2 Dept.; Mastro, JP, Chambers, Austin, Cohen, JJ)

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