Settlement with DHCR Didn't Bar Landlord's Application to Modify Services

April 23, 2019

LVT Number: #30028

Tenant filed an Article 78 court petition to annul the DHCR's agreement with landlords that settled a noncompliance proceeding concerning trash collection. The court ruled against tenant, who appealed and lost. The settlement agreement, which required landlords to file an application for reduction or modification of services, didn't constitute revocation or modification of the DHCR's prior order requiring landlords to reinstate door-to-door trash collection in tenant's building.

Tenant filed an Article 78 court petition to annul the DHCR's agreement with landlords that settled a noncompliance proceeding concerning trash collection. The court ruled against tenant, who appealed and lost. The settlement agreement, which required landlords to file an application for reduction or modification of services, didn't constitute revocation or modification of the DHCR's prior order requiring landlords to reinstate door-to-door trash collection in tenant's building. Therefore, the settlement agreement didn't exceed the DHCR's authority or violate lawful procedure, wasn't arbitrary or capricious, and didn't require notice to tenant. The prior settlement agreement didn't bar landlords from filing the application for a reduction or modification of services. 

Martin-Geindo v. DHCR: Index No. 157373/17, 2019 NY Slip Op 01527 (App. Div. 1 Dept.; 3/5/19; Sweeny, JP, Renwick, Gische, Kahn, Kern, JJ)

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