Case Type
HP
Housing Type
Rent Regulated
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
515290/19
Slip Opinion Number
2024 NY Slip Op 01930
Petitioner
Surat Realty
Respondent
New York State Division of Housing and Community Renewal
Judge
Nelson, Valerie Brathwaite J.P., Chambers, Cheryl E. , Warhit, Barry E., Taylor, Janice A.JJ.
Decision/Order Date
2024-04-10
Posture
Post-answer Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The appellate court reversed the Supreme Court's judgment, annulling DHCR's determinations that ordered rent reductions for tenants due to decreased services from obstruction of air and light caused by an adjacent building. It found DHCR's decisions irrational as they failed to consider facts showing the landlord was not responsible for the service reduction. The court vacated the rent reduction orders, dismissing the administrative complaints, emphasizing the landlord's lack of control over the adjacent construction affecting the tenants' windows.
Recommended Citation
"Surat Realty v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1566.
https://ir.lawnet.fordham.edu/housing_court_all/1566
