Case Type
Rent Restoration
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York, Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
157796/22
Slip Opinion Number
2024 NY Slip Op 00853
Petitioner
128 Second Realty LLC
Respondent
New York State Div. of Housing and Community Renewal
Judge
Webber, J.P., Gesmer, González, Pitt-Burke, Rosado
Decision/Order Date
2024-02-20
Posture
Post-judgment Motion by Landlord
Disposition
Motion Denied for Landlord
Winner
Tenant Substantially Won
Synopsis
A landlord challenged the rent restoration date set by the DHCR for an apartment previously deemed uninhabitable due to a fire. The court upheld the DHCR's decision, finding the restoration date rational and supported by evidence, rejecting the landlord's arguments for an earlier date submitted after the DHCR order. Key Legal Points: 1) Rent restoration for previously uninhabitable rent-stabilized apartments requires DHCR confirmation of habitability. 2) Landlords must submit complete applications and cannot introduce new evidence after the DHCR order. 3) Courts defer to DHCR decisions with a rational basis.
Recommended Citation
"Matter of 128 Second Realty LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1384.
https://ir.lawnet.fordham.edu/housing_court_all/1384
