Monday, December 1, 2008

Court Upholds DHCR 30% Max Maint. Surcharge Against Rivercross

In an Article 78 proceeding brought by Roosevelt Island's Rivercross Tenants Corporation against the Department of Housing and Community Renewal the trial court ruled that the DHCR order to increase the maximum maintenance surcharge from 20% to 30% be upheld.

In an internal memo, dated November 26, 2008, circulated among the tenant shareholders, the Rivercross Board announced it intends to appeal the decision to the Appellate Division. The memo indicated that it would be about 6 months before any decision could be expected in their appeal.

The Rivercross Board asserts as one component to their case that in 2001 the DHCR argued that Mitchell Lama Coops be allowed to set their own surcharge schedule and that now DHCR is claiming that the Coop Board now not be allowed that to do just that.

The Roosevelt Islander discussed this case with a good amount of background info this past August linked HERE.

1 comment:

  1. And the few, emphasis on FEW, communist/socialists in the building, with Dave Bauer as spokesman (evidenced by fliers under the doors)applaud every step by DHCR, which is extremely selective and arbitrary in their enforcement of regs and propriety in co-ops under their supervision. From each according to their ability, to each according to their means is pure Karl Marx, not the Founding Fathers. Why the selective infatuation with this philosophy?