Case Type
Article 78 Proceeding
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Division, Second Department
County
Kings County (Brooklyn)
Slip Opinion Number
2026 NY Slip Op 05180
Petitioner
826 Marcy Avenue, LLC
Respondent
State of New York Division of Housing and Community Renewal
Judge
Barros, J.P.; Genovesi, J.; Voutsinas, J.; Landicino, J.
Decision/Order Date
2026-09-02
Posture
Post-Judgment Motion by Landlord
Disposition
Affirmed for Tenant
Winner
Tenant Substantially Won
Synopsis
Appellate Division 2nd Dept affirms Supreme Court dismissal of landlord's Article 78 challenging DHCR's denial of landlord's application to deregulate apartments based on claimed substantial rehabilitation under DHCR Operational Bulletin 95-2. Court holds DHCR's decision has a rational basis and was not arbitrary and capricious. Record supports DHCR's finding that landlord failed to demonstrate building was in a substandard or seriously deteriorated condition and failed to show 75% of systems were totally replaced.
Keywords
Article 78; Dismissal of Landlord's Petition Challenging PAR Affirmed; Substantial Rehabilitation; Failure To Demonstrate The Building Was In A Substandard Or Seriously Deteriorated Condition; Failure To Demonstrate 75% Of Systems Were Totally Replaced
Recommended Citation
"Matter of 826 Marcy Ave., LLC v. State of N.Y. Div. of Hous. & Community Renewal" (2026). All Decisions. 2429.
https://ir.lawnet.fordham.edu/housing_court_all/2429
