New Landlord Can't Seek Alternate Hardship Increase Yet

LVT Number: #22651

Landlord filed an alternate hardship application, asking the DHCR to approve rent increases. The DRA ruled against landlord. Landlord appealed, claiming that the DRA didn’t consider the merits of its application. The DHCR again ruled against landlord. ETPR Section 2502.4(d) requires that a landlord must own the building for at least three years before filing a hardship increase request. The regulations made no provision for any exception to this requirement. Landlord didn’t own the building long enough to qualify.

Landlord filed an alternate hardship application, asking the DHCR to approve rent increases. The DRA ruled against landlord. Landlord appealed, claiming that the DRA didn’t consider the merits of its application. The DHCR again ruled against landlord. ETPR Section 2502.4(d) requires that a landlord must own the building for at least three years before filing a hardship increase request. The regulations made no provision for any exception to this requirement. Landlord didn’t own the building long enough to qualify.

16 South Bleeker Street: DHCR Adm. Rev. Docket No. XH910026RO (2/25/10) [3-pg. doc.]

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