Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
509298/2023
Slip Opinion Number
2023 NY Slip Op 34606(U)
Petitioner
5523 Washington Ave & St. James Brooklyn LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
MONTELIONE, RICHARD J.
Decision/Order Date
2024-01-27
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Landlord Substantially Won
Synopsis
In a holdover-non-primary residence case before the Supreme Court of the State of New York, Kings County, the landlord sought Article 78 exemption from rent stabilization laws based on substantial rehabilitation of a housing complex. The court found that the administrative agency's determinations were arbitrary and capricious, lacking a rational basis in law and fact. The court vacated the orders of the Rent Administrator and Deputy Commissioner and remanded the proceeding for further consideration of landlord's application for deregulation based on substantial rehabilitation.
Recommended Citation
"Matter of 5523 Wash. Ave & St. James Brooklyn LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1378.
https://ir.lawnet.fordham.edu/housing_court_all/1378
