New Roof Doesn't Qualify

June 30, 1994

LVT Number: 8896

Landlord applied for an MCI rent hike, based on the installation of a new roof. The DRA denied landlord's application, finding that the work hadn't been done properly. Landlord appealed, and the DHCR denied landlord's appeal. Landlord challenged the DHCR's ruling in court, and both the lower court and an appeals court ruled against landlord. The DHCR has broad discretion to evaluate MCI applications. As long as the DHCR acts reasonably, it won't be second-guessed by the court.

Landlord applied for an MCI rent hike, based on the installation of a new roof. The DRA denied landlord's application, finding that the work hadn't been done properly. Landlord appealed, and the DHCR denied landlord's appeal. Landlord challenged the DHCR's ruling in court, and both the lower court and an appeals court ruled against landlord. The DHCR has broad discretion to evaluate MCI applications. As long as the DHCR acts reasonably, it won't be second-guessed by the court.

Matter of Wembly Management Co.: NYLJ, p. 26, col. 6 (6/6/94) (App. Div. 1 Dept.; Sullivan, PJ, Rosenberger, Ellerin, Asch, Nardelli, JJ)

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