Landlord Can't Get Hardship Increase for Apartments in Co-op Building

June 30, 2002

LVT Number: 15950

Landlord owned five rent-controlled apartments in a cooperative building. Landlord applied for hardship rent increases. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. Hardship rent increases are based on the income and expenses of an entire building. The DHCR didn't consider the income and expenses of landlord in relation only to the five apartments. This was reasonable under the hardship rules.

Landlord owned five rent-controlled apartments in a cooperative building. Landlord applied for hardship rent increases. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. Hardship rent increases are based on the income and expenses of an entire building. The DHCR didn't consider the income and expenses of landlord in relation only to the five apartments. This was reasonable under the hardship rules.

Hertz Co. R.E. Inc. v. DHCR: NYLJ, 6/17/02, p. 20, col. 1 (App. Div.1 Dept.; Williams, PJ, Andrias, Lerner, Rubin, Friedman, JJ)

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