Tenants Claim Economic Hardship

July 31, 1998

LVT Number: 12520

Landlord applied for MCI rent hikes. The DHCR ruled for landlord, and tenants appealed, claiming MCI rent increases would cause them economic hardship. The court ruled for tenants and sent the case back to the DHCR for further consideration of tenants' claim. Landlord appealed and won. The DHCR couldn't make any further findings on tenants' financial condition because tenants had moved out and couldn't be found. Also, the DHCR had already considered tenants' potential economic hardship to the extent required by law.

Landlord applied for MCI rent hikes. The DHCR ruled for landlord, and tenants appealed, claiming MCI rent increases would cause them economic hardship. The court ruled for tenants and sent the case back to the DHCR for further consideration of tenants' claim. Landlord appealed and won. The DHCR couldn't make any further findings on tenants' financial condition because tenants had moved out and couldn't be found. Also, the DHCR had already considered tenants' potential economic hardship to the extent required by law.

Alvarez v. DHCR: NYLJ, p. 26, col. 3 (7/7/98) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Nardelli, Wallach, Saxe, JJ)

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