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Court: Landlords Must Mail Full MCI Application

Posted by Mark Smith on November 02, 1999 at 20:10:45:

From the New York Law Journal, Wednesday, November 3rd:

Calling for a change in procedures in the State Division of Housing and Community Renewal, a Queens Supreme Court justice has ruled that tenants must get from the DHCR the entirety of a landlord's application for a rental increase based on major capital improvements, not just a standard form summarizing the application. In Horowitz v. State of New York, Justice Luther V. Dye said that leaseholders protected under the rent stabilization statute must get a "copy" of the landlord's application for a rent increase. Under DHCR's customary "mailing practice," Justice Dye wrote, affected tenants were served only with a form summarizing the capital improvement rent increase application. This type of notice, he said, was "clearly insufficient" to give potential challengers to a possible rent hike information they are entitled to under rent stabilization law.

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