The Supreme Court last week upheld DHCR's decision to deny an adjustment to initial regulated rents to the landlord of a former Mitchell Lama building.
RSL 26-513a allows a landlord or tenant to request an adjustment in rent upon leaving Mitchell/Lama and entering Rent Stabilization. The building was occupied in 1968, and therefore, DHCR found that this section of the law was not applicable to the premises owing to the occupancy date. (The statute could be used for buildings occupied after 1969 and before 1974).
DHCR denied the application and denied the subsequent PAR. Finally, the Supreme Court dismissed the landlord's Article 78. The decision sets a precedent for all Mitchell Lama buildings occupied before 1969 that are facing buyouts.
KSLM-Columbus Apartments was the Plaintiff. The Attorney General's office represented DHCR as Respondent and the Westgate Tenants Association was the Intervenor Respondent in the action.
The case was filed in the Supreme Court under Index Number 105742/2001.
<small>[ June 17, 2002, 02:28 PM: Message edited by: Al ]</small>