Witness Can't Be Forced to Testify at Hearing

July 31, 2001

LVT Number: 15167

Tenants asked the court to force a witness to testify at a DHCR hearing regarding questions raised in landlord's application to the DHCR for hardship rent increases. The court ruled for tenants, and the DHCR appealed. The appeals court ruled for the DHCR. Tenants wanted the witness to testify on whether landlord could earn the required net annual return on the building and whether the economic information submitted by landlord was reasonable and accurate. The witness's testimony wouldn't be relevant, since she merely reviewed the data and had no knowledge as to whether it was accurate.

Tenants asked the court to force a witness to testify at a DHCR hearing regarding questions raised in landlord's application to the DHCR for hardship rent increases. The court ruled for tenants, and the DHCR appealed. The appeals court ruled for the DHCR. Tenants wanted the witness to testify on whether landlord could earn the required net annual return on the building and whether the economic information submitted by landlord was reasonable and accurate. The witness's testimony wouldn't be relevant, since she merely reviewed the data and had no knowledge as to whether it was accurate. So the witness couldn't be forced to testify.

Concerned Tenants of 823 Park Ave. v. Salberg: NYLJ, 7/2/01, p. 18, col. 6 (App. Div.1 Dept.; Andrias, JP, Lerner, Rubin, Buckley, Marlow, JJ)

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