Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
452263/22
Slip Opinion Number
2024 NY Slip Op 03153
Petitioner
Zufan Tsegai
Respondent
New York State Division of Housing and Community Renewal, 2166 8th Avenue Realty LLC
Judge
Manzanet-Daniels, J.P., Singh, Mendez, Rodriguez, Pitt-Burke, JJ.
Decision/Order Date
2024-06-11
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
The appellate court affirmed DHCR's denial of petitioner's rent overcharge complaint, finding DHCR's determination that the apartment was deregulated before petitioner's tenancy to be rational and not arbitrary. The decision upheld DHCR's consideration of the registration history and improvements made to the unit, supporting the conclusion that the rent exceeded deregulation thresholds due to lawful individual apartment improvements (IAIs). The court rejected petitioner's arguments challenging the sufficiency of evidence and DHCR's application of its policies, emphasizing DHCR's discretion in evaluating deregulation claims and its adherence to statutory and regulatory requirements governing rent stabilization.
Recommended Citation
"Matter of Tsegai v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1573.
https://ir.lawnet.fordham.edu/housing_court_all/1573
