Case Type
Article 78 Proceeding (Petition to Compel)
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
158627/2023
Slip Opinion Number
2024 NY Slip Op 30286(U)
Petitioner
71st St. Props. LLC
Respondent
New York State Div. of Hous. & Community Renewal, Stacey McCosky
Judge
Kim, J.
Decision/Order Date
2024-01-23
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord sought to compel DHCR to issue a decision on their eviction application for demolition under Rent Stabilization Code §2524.5(a)(2). The court denied the petition, finding DHCR's decision on eviction for demolition discretionary and entitled to deference in its resource allocation and decision-making process (CPLR §7803(1); Matter of 81 Warren St. Realty Corp. v New York State Div. of Hous. & Community Renewal, 2008 NY Slip Op 31030[U]). While acknowledging the delay, the court found DHCR was actively processing the application and declined to impose a timeframe (Audubon Ave. Assoc. v State Div. of Hous. & Community Renewal, 148 Misc 2d 831).
Recommended Citation
"71st St. Props. LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1380.
https://ir.lawnet.fordham.edu/housing_court_all/1380
