80 Percent of Parapets Replaced

November 1, 1998

LVT Number: 12741

(Decision submitted by Sherrie Taylor of the Lake Success law firm of Pennisi Daniels & Norelli, LLP) Landlord applied for MCI rent increases based on roof replacement, related replacement of 80 percent of the building's parapets, and masonry repairs. The DHCR granted the rent increases. Tenants appealed, claiming poor workmanship. The court and appeals court ruled against tenants. The DHCR's decision was based on the record and was reasonable. Tenants claimed that they should have been allowed to respond to landlord's architect's report.

(Decision submitted by Sherrie Taylor of the Lake Success law firm of Pennisi Daniels & Norelli, LLP) Landlord applied for MCI rent increases based on roof replacement, related replacement of 80 percent of the building's parapets, and masonry repairs. The DHCR granted the rent increases. Tenants appealed, claiming poor workmanship. The court and appeals court ruled against tenants. The DHCR's decision was based on the record and was reasonable. Tenants claimed that they should have been allowed to respond to landlord's architect's report. But this report had been submitted in reply to tenants' opposition to landlord's PAR. Tenants had been given a sufficient chance by the DHCR to respond to landlord's application and PAR.

430 E. 86th St. Tenants Committee v. DHCR: NYLJ, p. 26, col. 2 (10/8/98) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Nardelli, Tom, JJ)

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