Case Type
Administrative
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
527803/2022
Slip Opinion Number
NY Slip Op 30879(U)
Petitioner
Bergen Realty & Management, LLC
Respondent
New York State Division of Housing and Community Renewal, Lee and Carolyn Irvine
Judge
Joseph, Ingrid
Decision/Order Date
2024-03-11
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
Petitioner challenged a decision by the New York State Division of Housing and Community Renewal (DHCR) to issue an order reopening a case solely to correct the owner's name and address. Petitioner contended that DHCR acted arbitrarily and deprived it of due process rights by failing to notify of the reopening and provide an opportunity to respond. However, the court found that DHCR's action was within its authority as a ministerial act to correct administrative errors. Despite the petitioner's arguments, the court determined that DHCR's decision had a rational basis and dismissed the petition.
Recommended Citation
"Matter of Bergen Realty & Mgt., LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1424.
https://ir.lawnet.fordham.edu/housing_court_all/1424
