Tenant Can't Challenge DHCR-Ordered Rent Increases

LVT Number: 11807

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he shouldn't have to pay MCI and MBR rent increases granted by the DHCR. Tenant pointed out that he'd filed PARs appealing those increases. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant has no basis for not paying the DHCR-ordered rent increases while they're lawfully in effect. If the rent increases are revoked as a result of tenant's PARs, tenant can offset any resulting refund from the rent or start a court case to get the money back.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he shouldn't have to pay MCI and MBR rent increases granted by the DHCR. Tenant pointed out that he'd filed PARs appealing those increases. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant has no basis for not paying the DHCR-ordered rent increases while they're lawfully in effect. If the rent increases are revoked as a result of tenant's PARs, tenant can offset any resulting refund from the rent or start a court case to get the money back.

258 Riverside Dr. Co. v. Mandel: NYLJ, p. 25, col. 1 (9/23/97) (App. T. 1 Dept.; McCooe, JP, Davis, JJ)