Case Type
Other
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
150504/23
Slip Opinion Number
2024 NY Slip Op 02003
Petitioner
101 East 16th Street Realty LLC et al.
Respondent
New York State Division of Housing and Community Renewal
Judge
Kern, Singh, Scarpulla, Mendez, Higgitt
Decision/Order Date
2024-04-16
Posture
Pre-answer Motion by Landlord
Disposition
Judgment for Respondent-Appellant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division, First Department reversed a Supreme Court judgment that annulled New York State Division of Housing and Community Renewal (DHCR) orders partially denying rent increase applications based on major capital improvements (MCI) by 101 East 16th Street Realty LLC et al. The court held that DHCR's application of part K amendments from the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was rational, affecting only prospective rent increases. The court dismissed the petition brought pursuant to CPLR article 78.
Recommended Citation
"101 E. 16th St. Realty LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1519.
https://ir.lawnet.fordham.edu/housing_court_all/1519
