Order Annulled Based on DHCR Delay

May 31, 2001

LVT Number: 14997

Tenant filed a fair market rent appeal. The DRA ruled for tenant. Landlord appealed. The DHCR ruled for landlord, and tenant filed a court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled for tenant. The DHCR had delayed 14 years in deciding the case. The DHCR had also delayed in deciding another case in the building, which caused landlord's delay in submitting comparability data. Given the lengthy delay and the harm to tenant's case that resulted, the DHCR's decision in landlord's favor was revoked.

Tenant filed a fair market rent appeal. The DRA ruled for tenant. Landlord appealed. The DHCR ruled for landlord, and tenant filed a court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled for tenant. The DHCR had delayed 14 years in deciding the case. The DHCR had also delayed in deciding another case in the building, which caused landlord's delay in submitting comparability data. Given the lengthy delay and the harm to tenant's case that resulted, the DHCR's decision in landlord's favor was revoked.

Mahoney v. DHCR: NYLJ, 5/29/01, p. 23, col. 6 (App. Div.1 Dept.; Rosenberger, JP, Andrias, Rubin, Buckley, Marlow, JJ)

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