Mitchell-Lama Tenants Seek Annulment of Rent Increases Ordered by HPD

June 25, 2018

LVT Number: #28452

Mitchell-Lama tenants sued HPD after HPD authorized a 221 percent per room, per month rent increase and 2.5 percent increases for the following two years. Tenants claimed that HPD's decision didn't have a rational explanation. Tenants also asked the court to compel HPD to comply with their FOIL request for information to determine if the rent increases were appropriate. The court denied the FOIL request, finding that tenants had failed to exhaust administrative remedies.

Mitchell-Lama tenants sued HPD after HPD authorized a 221 percent per room, per month rent increase and 2.5 percent increases for the following two years. Tenants claimed that HPD's decision didn't have a rational explanation. Tenants also asked the court to compel HPD to comply with their FOIL request for information to determine if the rent increases were appropriate. The court denied the FOIL request, finding that tenants had failed to exhaust administrative remedies. And since tenants amended their petition to claim that HPD's decision wasn't based on substantial evidence showing a foundation for the rent increase, the case must be transferred to the Appellate Division court.

Indep. Hous. Tenants' Ass'n. v. HPD: Index No. 154058/17, NYLJ No. 1525072044 (Sup. Ct. NY; 4/13/18; Kotler, J)

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