President of Tenants' Association Doesn't Live in Building

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled for landlord and tenant appealed. Tenant was president of tenants' association and claimed to be filing the PAR on behalf of all tenants in the building. The DHCR ruled against tenant. Tenant's PAR can't be accepted as an individually filed PAR because tenant doesn't live in the building. And the PAR can't be accepted on behalf of other tenants because it didn't contain the proper authorization from tenants. The PAR also didn't contain a required resolution by the tenants' association authorizing its president to file the PAR on behalf of the tenant members.

Magida: DHCR Adm. Rev. Dckt. No. LL410037RT (7/31/03) [12-pg. doc.]