DHCR Delays Making MCI Decision, But Landlord Can't Get Fees

June 30, 1993

LVT Number: 7063

The DRA granted landlord's application for MCI rent increases, and tenants appealed. The DHCR didn't decide the PARs within 90 days, and landlord asked the court to force the DHCR to make a prompt decision. The court granted landlord's request, and landlord then asked for attorney's fees. The court refused, and landlord appealed. The appeals court affirmed; landlord got no attorney's fees. The DHCR's failure to decide the PARs within 90 days merely gave landlord the right to bring a ``mandamus'' proceeding; no attorney's fees were warranted.

The DRA granted landlord's application for MCI rent increases, and tenants appealed. The DHCR didn't decide the PARs within 90 days, and landlord asked the court to force the DHCR to make a prompt decision. The court granted landlord's request, and landlord then asked for attorney's fees. The court refused, and landlord appealed. The appeals court affirmed; landlord got no attorney's fees. The DHCR's failure to decide the PARs within 90 days merely gave landlord the right to bring a ``mandamus'' proceeding; no attorney's fees were warranted.

2421 Realty Company v. NYS DHCR: NYLJ, p. 26, col. 3 (6/1/93) (App. Div. 1 Dept.; Sullivan, JP, Carro, Ellerin, Wallach, JJ)

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