No Rent Hike Granted for Unique or Peculiar Circumstances

February 1, 2010

LVT Number: #22437

Landlord asked the DHCR to adjust tenants’ initial rent-stabilized rents based on the presence of unique or peculiar circumstances, as permitted by ETPR Section 2502.3(b). The DHCR ruled against landlord. Landlord then filed an Article 78 petition in court, claiming that the DHCR’s decision was unreasonable. The court and appeals court ruled against landlord. The DHCR’s decision was rational.

Landlord asked the DHCR to adjust tenants’ initial rent-stabilized rents based on the presence of unique or peculiar circumstances, as permitted by ETPR Section 2502.3(b). The DHCR ruled against landlord. Landlord then filed an Article 78 petition in court, claiming that the DHCR’s decision was unreasonable. The court and appeals court ruled against landlord. The DHCR’s decision was rational. Landlord failed to prove that the rents in its apartment buildings differed substantially from the rents generally prevailing in the same area of substantially similar housing accommodations.

Executive Towers at Lido, LLC v. DHCR: NYLJ, 1/26/10, p. 39, col. 4 (App. Div. 2 Dept.; Mastro, JP, Fisher, Angiolillo, Leventhal, JJ)

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