Nassau Rent Guidelines Findings Were Insufficient
LVT Number: 18229
Facts: In 2003, the Nassau County Rent Guidelines Board adopted rent increases of 5 percent for one-year leases and 8 percent for two-year leases, commencing between Oct. 1, 2003, and Sept. 30, 2004. The Board had voted five-to-three in June 2003 to approve the increases. But not all members appeared at a September meeting to finalize the vote. Still, the Board Chair certified the new guidelines for submission to the DHCR. A tenant group sued the DHCR, claiming that the board's findings were insufficient to pass the guideline increases. Tenants asked the court to revoke the 2003 increases. The court ruled against tenants and dismissed the case. Tenants appealed. Court: Tenants win in part. The board didn't submit to the DHCR any findings of economic conditions and cost-of-living data for 2002. The board did show that it considered findings. So the guidelines order was sent back to the board to adopt findings required under the ETPA. The guidelines wouldn't be annulled.
N. Y. S. Tenants & Neighbors Coalition, Inc. v. DHCR: NYLJ, 6/6/05, p. 39, col. 2 (App. Div. 2 Dept.; Miller, JP, Ritter, Crane, Fisher, JJ)