Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
453875/21
Slip Opinion Number
2024 NY Slip Op 02254
Petitioner
Malang Gassana
Respondent
The New York State Department of Housing and Community Renewal et al.
Judge
Webber, J.P.; Friedman, González; Rosado, Michael
Decision/Order Date
2024-04-25
Posture
Post-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In a Holdover-Non-primary Residence case in the Appellate Division, First Department, the court affirmed the denial of the tenant's petition to annul DHCR's determination of no rent overcharges. The court found DHCR's determination not arbitrary, as it extensively considered rental history and evidence. The landlord's conduct post-dated the base date, not affecting base date rent reliability. Key legal points: DHCR discretion in determining service failure; consideration of fraudulent deregulation; evidence supporting landlord's improvements; landlord's post-base date conduct not impacting rent determination.
Recommended Citation
"Matter of Gassana v. New York State Dept. of Hous. & Community Renewal" (2024). All Decisions. 1518.
https://ir.lawnet.fordham.edu/housing_court_all/1518
