NYC Hardship Regulations Didn't Apply to Westchester Building

LVT Number: 16706

Landlord applied to the DHCR for a comparative hardship rent increase. The DHCR ruled against landlord, and landlord appealed. Landlord owned four cooperative apartments in a building. Landlord argued that the court should apply regulations governing hardship applications in New York City to its case. The court and appeals court ruled against landlord. The Tenant Protection Regulations governing comparative hardship applications outside New York City were different from the provisions of the Rent Stabilization Code governing New York City applications.

Landlord applied to the DHCR for a comparative hardship rent increase. The DHCR ruled against landlord, and landlord appealed. Landlord owned four cooperative apartments in a building. Landlord argued that the court should apply regulations governing hardship applications in New York City to its case. The court and appeals court ruled against landlord. The Tenant Protection Regulations governing comparative hardship applications outside New York City were different from the provisions of the Rent Stabilization Code governing New York City applications. Landlord wasn't entitled to comparative hardship increases under the Tenant Protection Regulations.

737 Apt. Assocs., Inc. v. DHCR: NYLJ, 6/16/03, p. 26, col. 6 (App. Div. 2 Dept.; Smith, JP, Krausman, Luciano, Crane, JJ)