Harassment Finding Terminated

LVT Number: 13766

The DHCR made a finding of harassment against prior landlord. Current landlord later applied for termination of the harassment finding. The DHCR ruled for landlord, and tenants appealed. They claimed that there were still service problems in the building and that landlord had violated the prior harassment order by raising rents. The court ruled against tenants. New landlord submitted substantial proof that conditions of harassment no longer existed in the building. Any service problems were minor.

The DHCR made a finding of harassment against prior landlord. Current landlord later applied for termination of the harassment finding. The DHCR ruled for landlord, and tenants appealed. They claimed that there were still service problems in the building and that landlord had violated the prior harassment order by raising rents. The court ruled against tenants. New landlord submitted substantial proof that conditions of harassment no longer existed in the building. Any service problems were minor. Also, landlord had applied for, and been granted, permission to increase MBRs for certain apartments. If tenants believed the rent increases were excessive, they could file rent overcharge complaints.

Alvarado v. DHCR: NYLJ, p. 28, col. 6 (12/9/99) (App. Div.1 Dept.; Lerner, JP, Saxe, Buckley, Friedman, JJ)