Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
150543/2023
Slip Opinion Number
2024 NY Slip Op 30204(U)
Petitioner
Aspenly Co., LLC
Respondent
New York State Div. of Hous. & Community Renewal
Judge
Bannon, Nancy M.
Decision/Order Date
2024-01-25
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord challenged a determination by DHCR denying its application for Major Capital Improvement (MCI) rent increases. HSTPA prohibited MCI rent increases for buildings with 35% or fewer rent-regulated units. Petitioner's building contained 35% or fewer rent-regulated units, making it ineligible for MCI rent increases under HSTPA. Court ruled in favor of DHCR, finding that HSTPA did not have a retroactive effect because it only affected the propriety of a prospective rent increase. Court also rejected petitioner's constitutional arguments, citing Court of Appeals decision in Regina Metropolitan Co. LLC v. New York State Div. of Hous. & Community Renewal, which held that only Part F of HSTPA (relating to rent overcharges) had a potentially retroactive effect. Petitioner failed to demonstrate that DHCR's delay in processing its application was deliberate or negligent, and therefore could not claim that delay was a factor in denial of its application. Petition was dismissed, and DHCR's determination was upheld.
Recommended Citation
"Aspenly Co., LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1307.
https://ir.lawnet.fordham.edu/housing_court_all/1307
