Tenants Didn't Object to DHCR's MCI Notice on Time

December 1, 2000

LVT Number: 14566

The DHCR granted landlord's application for MCI rent hikes. Some tenants appealed, claiming that the DRA sent them only a summary of landlord's MCI application, not the full application. The DHCR ruled against tenants because they raised this issue for the first time in their PAR, even though they could have raised it before the DRA and showed no good reason why they didn't. Tenants appealed. The court ruled that the summary notice sent to tenants wasn't sufficient and ordered the DHCR to reopen the case. The DHCR appealed and won.

The DHCR granted landlord's application for MCI rent hikes. Some tenants appealed, claiming that the DRA sent them only a summary of landlord's MCI application, not the full application. The DHCR ruled against tenants because they raised this issue for the first time in their PAR, even though they could have raised it before the DRA and showed no good reason why they didn't. Tenants appealed. The court ruled that the summary notice sent to tenants wasn't sufficient and ordered the DHCR to reopen the case. The DHCR appealed and won. The DHCR's notice to tenants of the MCI application was sufficient for tenants to have filed their objections. Tenants didn't show any good reason for not objecting to the summary notice when the application was before the DRA.

Horowitz v. DHCR: NYLJ, 11/27/00, p. 34, col. 3 (App. Div.2 Dept.; O'Brien, JP, Thompson, Miller, Schmidt, JJ)

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