Case Type

Article 78

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

Richmond County (Staten Island)

L&T / Index / Case / Docket / Clerk's Number

85199/2026

Petitioner

Kenilworth Holdings LLC, 21-45 23rd St. LLC, 39-12 62nd St. LLC, 42-59 Bowne St. LLC, 1369 College LLC, 593 Park Place Management Inc., 43rd Street Associates LLC

Respondent

New York City Rent Guidelines Board

Judge

Porzio, Ralph J.

Decision/Order Date

2026-08-21

Posture

Pre-Answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this Article 78 proceeding, landlords and owners of rent-stabilized homes sought a judicial order annulling the Rent Guidelines Board's (RGB) Apartment & Loft Order #58, claiming it was arbitrary and capricious. The court granted the City of New York's motion to transfer venue from Richmond County to New York County, holding that under CPLR 506(b), venue turns on where the material events took place — i.e., where the RGB deliberated, voted, and arrived at the challenged decision — which was New York County. The court rejected petitioners' argument that Richmond County was proper because rent-stabilized apartments exist there, finding that the challenged decision had no material connection to Richmond County.

Keywords

Venue; Article 78 Challenging Rent Guidelines Board's Rent Freeze Order Transferred to New York County Under CPLR 506(b) Because That is Where RGB Made the Challenged Decision

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