Tenants Can't Reopen DHCR Proceeding

July 7, 2012

LVT Number: #24189

Landlord applied for MCI rent hikes based on facade restoration work. The DHCR ruled for landlord, and tenants appealed. After the court ruled against tenants, they sought to submit new evidence not previously submitted to the DHCR, which they claimed would show that landlord's work was done piecemeal over many years or redone because it was done improperly to begin with. The court allowed tenants to reargue, but ruled against them, finding no basis for remand to the DHCR for reconsideration of its decision.

Landlord applied for MCI rent hikes based on facade restoration work. The DHCR ruled for landlord, and tenants appealed. After the court ruled against tenants, they sought to submit new evidence not previously submitted to the DHCR, which they claimed would show that landlord's work was done piecemeal over many years or redone because it was done improperly to begin with. The court allowed tenants to reargue, but ruled against them, finding no basis for remand to the DHCR for reconsideration of its decision.

Tenants Committee, 36 Gramercy Park v. DHCR: Index No. 116069/2010, NYLJ No. 1202558916375 (Sup. Ct. NY; 5/15/12; Stallman, J)

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