DHCR Can't Help Landlord Enforce Order

September 30, 1997

LVT Number: 11790

(Opinion letter submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels, Norelli, Schwartz-Sidrane & Cecere, LLP, attorneys for the landlord.) The DHCR approved MCI rent increases for new windows and pointing/waterproofing, but later disallowed that portion of the rent increase based on the new windows until such time as landlord made window repairs. After landlord made the repairs, tenant still refused to pay the increase. Landlord asked the DHCR if the agency had any procedure to enforce the rent-increase order. In an opinion letter, the DHCR said no.

(Opinion letter submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels, Norelli, Schwartz-Sidrane & Cecere, LLP, attorneys for the landlord.) The DHCR approved MCI rent increases for new windows and pointing/waterproofing, but later disallowed that portion of the rent increase based on the new windows until such time as landlord made window repairs. After landlord made the repairs, tenant still refused to pay the increase. Landlord asked the DHCR if the agency had any procedure to enforce the rent-increase order. In an opinion letter, the DHCR said no. If tenant refused to pay the lawful rent increase, landlord must start a proceeding in housing court to enforce the order.

DHCR Opin. Ltr. by Charles Goldstein (12/6/96) [2-page document]

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