No Appeal on Court Order Sending Case Back to DHCR

June 30, 2010

LVT Number: #22718

Tenants filed an Article 78 court appeal of a DHCR decision awarding MCI rent hikes to landlord. They claimed that the DHCR’s decision was arbitrary and unreasonable. The DHCR asked the court to send the case back to the agency for reconsideration. The court ruled for the DHCR. Landlord appealed and lost. There was no automatic right to appeal a remand order in an Article 78 proceeding. And the appeals court opted not to grant permission to appeal at this point in the case.

Tenants filed an Article 78 court appeal of a DHCR decision awarding MCI rent hikes to landlord. They claimed that the DHCR’s decision was arbitrary and unreasonable. The DHCR asked the court to send the case back to the agency for reconsideration. The court ruled for the DHCR. Landlord appealed and lost. There was no automatic right to appeal a remand order in an Article 78 proceeding. And the appeals court opted not to grant permission to appeal at this point in the case.

Clermont Tenants Association v. DHCR: NYLJ, 6/1/10, p. 25, col. 6 (App. Div. 1 Dept.; Tom, JP, Friedman, Nardelli, Acosta, Abdus-Salaam, JJ)

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