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.
Recommended Citation
"Matter of Decock v. State of N.Y. Div. of Hous. & Community Renewal" (2024). All Decisions. 1572.
https://ir.lawnet.fordham.edu/housing_court_all/1572