DHCR Must Reconsider Landlord's MCI Increase Application

Landlord applied to the DHCR for rent hikes based on MCIs. The DHCR ruled against landlord, who then filed an Article 78 court appeal claiming that the DHCR’s decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and won. The DHCR arbitrarily denied landlord’s application, which required remand and reconsideration. The DHCR admitted that its investigator made an error. Also, while a bit late, landlord submitted to the DHCR a requested architect’s report.

Broadway Bretton, Inc. v. DHCR: 2017 NY Slip Op 00004, 2017 WL 21701 (App. Div. 1 Dept.; 1/3/17; Friedman, JP, Sweeny, Saxe, Kapnick, JJ)