Tenants Didn't Raise Existence of Violations Before the DRA

(Decision submitted by Manhattan attorney Jeffrey F. Cohen, attorney for the landlord.) Facts: Landlord applied for MCI rent hikes based on the installation of windows building-wide. The DRA ruled for landlord, and tenants appealed, claiming that there were housing code violations in existence at the time of landlord's application that barred MCI increases. The DHCR revoked the MCI rent increases. Landlord then appealed. Courts: Landlord wins. The court reinstated the MCI rent increases. The court found that the DHCR didn't follow its own procedures. The DHCR's order was based on facts that weren't presented to the DRA, and tenants didn't explain why they didn't raise the violation issue when they had the chance to do so.

3424 DeKalb v. DHCR: Index No. 16238/97 (12/3/97) (Sup. Ct. Bronx; Suarez, J) [11-page document]