Case Type
Other
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
151090/2022
Slip Opinion Number
2024 NY Slip Op 30759(U)
Petitioner
197 MADISON HOLDINGS LLC
Respondent
NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL
Judge
Bluth, Arlene P.
Decision/Order Date
2024-03-11
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
In this Article 78 proceeding, the landlord challenges DHCR's determination of rent overcharges based on alleged violations of rent freeze orders and lack of sufficient evidence of rent collection. The court found DHCR's reliance on vacancy lease terms and rent reduction orders reasonable, affirming its decision despite the landlord's procedural objections. Key legal points include burden of proof in rent overcharge cases and DHCR's authority to interpret and apply Rent Stabilization Law provisions, emphasizing the requirement for agencies to substantiate rent collections in overcharge complaints initiated by them.
Recommended Citation
"197 MADISON HOLDINGS LLC v. NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL" (2024). All Decisions. 1580.
https://ir.lawnet.fordham.edu/housing_court_all/1580
