DHCR Must Reprocess Landlord's Application

November 1, 1994

LVT Number: 9192

Landlord applied to the DHCR for permission to evict tenants and to withdraw their apartment from the rental market. The DHCR denied the application, and landlord appealed. The court ruled that the DHCR's audit was flawed: Landlord couldn't get an 8-1/2 percent return on the property. The court also found that landlord intended to withdraw the apartment from the rental market. But it sent the case back to the DHCR to decide other issues. The DHCR appealed, and the appeals court revoked the findings made by the lower court.

Landlord applied to the DHCR for permission to evict tenants and to withdraw their apartment from the rental market. The DHCR denied the application, and landlord appealed. The court ruled that the DHCR's audit was flawed: Landlord couldn't get an 8-1/2 percent return on the property. The court also found that landlord intended to withdraw the apartment from the rental market. But it sent the case back to the DHCR to decide other issues. The DHCR appealed, and the appeals court revoked the findings made by the lower court. The appeals court agreed that the DHCR's audit was flawed, but it sent the case back to the DHCR to reprocess landlord's entire application.

Matter of Lopez v. New York State Division of Housing and Community Renewal: NYLJ, p. 32, col. 3 (10/31/94) (App. Div. 2 Dept.; Bracken, JP, Copertino, Joy, Altman, JJ)

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