Tenant's Challenge Is Premature

November 1, 2002

LVT Number: 16186

Tenant sued landlord, challenging MCI rent increases. The court dismissed tenant's court action. Tenant appealed and lost. The DHCR had granted landlord's MCI rent increase application. At the time tenant sued landlord, the MCI increases were under reconsideration by the DHCR. So tenant's court action was premature. In addition, it was procedurally improper to attack the DHCR's decision indirectly through a different court action instead of through an appeal of the DHCR order.

Tenant sued landlord, challenging MCI rent increases. The court dismissed tenant's court action. Tenant appealed and lost. The DHCR had granted landlord's MCI rent increase application. At the time tenant sued landlord, the MCI increases were under reconsideration by the DHCR. So tenant's court action was premature. In addition, it was procedurally improper to attack the DHCR's decision indirectly through a different court action instead of through an appeal of the DHCR order.

Gild v. Fried: NYLJ, 10/28/02, p. 23, col. 2 (App. Div.1 Dept.; Williams, PJ, Buckley, Sullivan, Lerner, JJ)

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