Tenants' Association Can't Appeal DHCR Decision Without Attorney

December 15, 2013

LVT Number: #25204

After the DHCR granted landlord's application for MCI rent hikes, the building's tenants' association filed an Article 78 appeal, challenging the rent increases. The court and appeals court ruled against tenants because one tenant, who was a member of the association, claimed to represent the association and filed on its behalf. But tenant wasn't an attorney, and a voluntary association can be represented in court only by an attorney and not by one of its members who wasn't an attorney licensed to practice law in New York.

After the DHCR granted landlord's application for MCI rent hikes, the building's tenants' association filed an Article 78 appeal, challenging the rent increases. The court and appeals court ruled against tenants because one tenant, who was a member of the association, claimed to represent the association and filed on its behalf. But tenant wasn't an attorney, and a voluntary association can be represented in court only by an attorney and not by one of its members who wasn't an attorney licensed to practice law in New York. So tenants' appeal was dismissed. Tenants' request to seek a further appeal with New York's highest court was denied.

Tenants Committee of 36 Gramercy Park v. DHCR: 2013 NY Slip Op 91939, 2013 WL 6097308 (Ct. App. NY; 11/21/13)

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