Case Type
Article 78 Proceeding
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
158325/24; 158263/24
Slip Opinion Number
2026 NY Slip Op 05900
Petitioner
186 Norfolk LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Moulton, J.P., Scarpulla, Michael, Hagler, JJ.
Decision/Order Date
2026-10-13
Posture
Post-Judgment Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division affirmed dismissal of two Article 78 proceedings in which the landlord challenged DHCR's denial of first-rent authorization under Operational Bulletin 95-2. Under the first method, adding 20 square feet from a common-area hallway to a bathroom did not "significantly change the perimeter and dimensions" of the apartment because the standard requires reconfiguration that obliterates the prior apartment's identity — which a minimal square-footage addition cannot accomplish. Under the second method, installing a washing machine in former hallway space did not create a housing accommodation in previously nonresidential space.
Keywords
Article 78; DHCR Decisions Upheld; Minor Apartment Enlargement Does Not Warrant First Rent Increase
Recommended Citation
"Matter of 186 Norfolk LLC v. New York State Division of Housing and Community Renewal" (2026). All Decisions. 2524.
https://ir.lawnet.fordham.edu/housing_court_all/2524
