Case Type
Holdover-Demolition
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154642/23
Slip Opinion Number
2024 NY Slip Op 02132
Petitioner
58E83 Realty, LLC
Respondent
New York State Division of Housing and Community Renewal (DHCR), Connie E. Leslie, Sylvia G. Asher
Judge
Manzanet-Daniels, J.P., Kapnick, Kennedy, Higgitt, O'Neill Levy, JJ.
Decision/Order Date
2024-04-23
Posture
Post-answer Motion by Landlord
Disposition
Motion Denied for Landlord
Winner
Tenant Substantially Won
Synopsis
To prevail in a holdover proceeding based on demolition under the Rent Stabilization Law, a landlord must demonstrate financial capacity to complete the project. While a letter of credit from a bank is preferred evidence, DHCR has discretion to consider alternative forms of proof. Here, the landlord's financial statements were insufficient to meet this burden.
Recommended Citation
"Matter of 58E83 Realty, LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1468.
https://ir.lawnet.fordham.edu/housing_court_all/1468
