Case Type

HP

Housing Type

Rent Stabilized

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

160585/22

Slip Opinion Number

2024 NY Slip Op 01983

Petitioner

Gerald Decock

Respondent

State of New York Division of Housing and Community Renewal, Chelsea Hotel Owner LLC

Judge

Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.

Decision/Order Date

2024-04-11

Posture

Pre-answer Motion by Tenant

Disposition

Motion Denied

Winner

Tenant Substantially Won

Synopsis

The appellate court affirmed DHCR's determination that petitioner's unit was deregulated in 1994 due to vacancy and surpassing the legal regulated rent threshold, rejecting claims of insufficient challenge and conceding rent amount. The court upheld DHCR's decision not to review rent history pre-deregulation and dismissed petitioner's arguments, confirming no fraudulent deregulation challenge was raised, thereby affirming the lower court's denial of the petition.

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