Tenant Association Can't Appear in Court Proceeding Without Attorney

August 6, 2013

LVT Number: #24943

The DHCR granted landlord's application for MCI rent hikes. The building's tenant association filed an Article 78 appeal, challenging the rent increases. The court and appeals court ruled against tenants. One tenant, who was a member of the association, claimed to represent the association and filed on its behalf. But tenant wasn't an attorney and a voluntary association can be represented in court only by an attorney and not by one of its members who wasn't an attorney licensed to practice law in New York. So tenants' appeal was properly dismissed.

The DHCR granted landlord's application for MCI rent hikes. The building's tenant association filed an Article 78 appeal, challenging the rent increases. The court and appeals court ruled against tenants. One tenant, who was a member of the association, claimed to represent the association and filed on its behalf. But tenant wasn't an attorney and a voluntary association can be represented in court only by an attorney and not by one of its members who wasn't an attorney licensed to practice law in New York. So tenants' appeal was properly dismissed.

Tenants Committee of 36 Gramercy Park v. DHCR: 968 NYS2d 82, 2013 Slip Op 04984 (App. Div. 1 Dept.; 7/2/13; Friedman, JP; Sweeny, DeGrasse, Richter, Feinman, JJ.)

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