Tenant Victories | Himmelstein Mcconnell Gribben Donoghue & Joseph

FORMER MITCHELL-LAMA TENANTS NOT SUBJECT TO MARKET RENTS
December 2010
Thousands of tenants in former "Mitchell-Lama" buildings will be protected from having their rents increased to market levels thanks to a recent decision by the Appellate Division, First Department, Columbus 95 v. DHCR v. Columbus House Tenants Association. The owner of a Columbus House, a former Mitchell-Lama on the Upper West Side applied to the DHCR for rent increases to market rents under the "unique or peculiar" provision of the rent laws. After the application was filed, the DHCR adopted a new code provision which said that having been in the Mitchell-Lama program could not be the sole basis of such increases. The owner challenged the code provision as being contrary to the law. The Supreme Court found that the provision was valid and that the rent laws never authorized such increases and the Appellate Division agreed. HMGDJ's David Hershey-Webb and Serge Joseph represented the Tenants Association.
LANDLORD'S $400 A ROOM MCI GOES UP IN SMOKE, MOSTLY
October 2010
The Landlord of a building on West 57th Street applied for a $400 a room MCI in 2004. The MCI included some blatantly ineligible items such as the cost of a smoking room for one of the owners. The Tenants Association retained HMGDJ to fight the application and got the rent increase reduced to $130.50 per room, then to $118.75 per room. The Landlord and the Tenants Association both appealed. In October 2010, the Landlord's appeal was denied and the DHCR granted the Tenants Association appeal in part, further reducing the MCI to $60.32 per room.
MARKET TENANT OBTAINS BIG REFUND, LOWER RENT AND RENT-STABILIZATION STATUS
October 2010
A tenant who had been rented an apartment as a "market" tenant while the landlord was receiving a J-51 tax abatement received a substantial refund, a rent-stabilization lease and a lower rent when the parties settled after HMGDJ commenced a proceeding in Supreme Court.
LONG-TIME TENANT IN MITCHELL-LAMA CO-OP WINS SUCCESSION BATTLE
October 2010
A man who had lived in a Mitchell-Lama co-op with his mother for 23 years was denied succession rights when his mother vacated. The DHCR upheld the denial on the basis that, although the son had submitted substantial evidence of his co-occupancy with his mother, he did not appear on the last income affidavit before she vacated because no such affidavit was filed. The mother claimed that she did not file income affidavit for two years because of concerns about corruption at the development which led to the conviction of the Housing Assistant. HMGDJ filed an Article 78 proceeding on behalf of the son and the Supreme Court reversed the DHCR, granting the right to remain in his home and have a stock certificate issued in his name. See Matter of Murphy v. DHCR under Decisions.
TENANT WHO TEMPORARILY VACATED HER RENT-STABILIZED APARTMENT DUE TO FIRE DOES NOT HAVE TO PAY 1/40TH RENT INCREASES
October 2010
The landlord of an Upper West Side building tried to charge 1/40th rent increase to a tenant who had to temporarily vacate her rent-stabilized apartment after a fire. The Rent Stabilization Law allows landlords to pass on 1/40th of the cost of some qualified improvements if a tenant consents in writing or if they are made when the apartment is vacant. The DHCR found that apartment was not "vacant" where the tenant had temporarily vacated due to a fire. The landlord appealed in an Article 78 proceeding. HMGDJ represented the tenant and the court upheld the DHCR.