Case Type
Article 78 Proceeding
Housing Type
Rent Stabilized Co-op
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
159165/2023
Petitioner
251 W. 74 Owners Corp.
Respondent
New York State Division of Housing and Community Renewal
Judge
Bluth, Arlene P.
Decision/Order Date
2024-02-14
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
Landlord's Article 78 challenge granted. Rent-stabilized tenants filed a complaint with DHCR seeking a rent reduction due to inoperable laundry facilities. DHCR issued a rent reduction order naming the building owner as the respondent, even though the tenants rented from a shareholder and not the building owner. The court found that DHCR violated due process by not naming and serving the shareholder, vacating the rent reduction order. Key legal points: due process requires parties with an interest in an administrative proceeding be named and served, and the definition of "owner" under the Rent Stabilization Law may differ from other contexts.
Recommended Citation
"251 W. 74 Owners Corp. v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1379.
https://ir.lawnet.fordham.edu/housing_court_all/1379
