Tenants Can Seek Speedy Ruling on PAR

Facts: Landlord asked the DHCR for permission to convert a rent-stabilized building from master metering to individual electric metering. The DRA ruled for landlord and granted tenants a one-time rent decrease under DHCR Operational Bulletin 96-2. Tenants appealed. After filing their PARs, tenants sued the DHCR in court. Tenants asked the court to declare that the DRA's decision was unconstitutional or made beyond the agency's authority. The DHCR claimed that tenants had to wait until it decided their PARs and then bring a court case if they wanted to challenge the DHCR's final decision. Tenants then asked the court to make the DHCR decide their PARs quickly. Court: Tenants win. Tenants were entitled to sue the DHCR before their PARs were decided, because they challenged the validity and constitutionality of Operational Bulletin 96-2. Tenants pointed out that the DHCR set rules in the Operational Bulletin without first holding a public hearing. But the DHCR also offered to settle the case by deciding tenants' PARs under current law within 60 days. So the court ordered the DHCR to make a speedy ruling.

Marks v. Lynch: NYLJ, 8/17/00, p. 25, col. 2 (Sup. Ct. Kings; Held, J)