Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
521043/20
Slip Opinion Number
2024 NY Slip Op 03052
Petitioner
Simon Green, Inc.
Respondent
New York State Division of Housing and Community Renewal, et al.
Judge
CONNOLLY, FRANCESCA E., J.P., CHAMBERS, CHERYL E., GENOVESI, LARA J., LOVE, LAURENCE L.
Decision/Order Date
2024-06-05
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
The appellate court affirmed the denial of petitioner's CPLR article 78 proceeding challenging DHCR's rent overcharge determination. DHCR's consideration of a 1996 rent reduction order (RRO), still in effect during the statutory limitations period, was deemed appropriate. The court found DHCR properly accounted for the RRO and rent restoration terms in its calculation of overcharges, rejecting petitioner's assertion that the 1997 partial rent restoration order (PRRO) was overlooked. Emphasizing DHCR's authority to rely on its orders and registrations, the decision upheld DHCR's reasoned application of rent stabilization laws despite petitioner's arguments on procedural grounds.
Recommended Citation
"Simon Green, Inc. v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1565.
https://ir.lawnet.fordham.edu/housing_court_all/1565
