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
158525/2023
Slip Opinion Number
2024 NY Slip Op 30771(U)
Petitioner
AVENUE SECOND OWNER LLC
Respondent
NEW YORK STATE 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 a dispute over demolition stipends for rent-regulated apartments destroyed in a fire, the court upheld DHCR's use of registration records to determine room counts and corresponding stipends, rejecting the landlord's argument for alternative evidence like inspection cards. Emphasizing DHCR's authority under Operational Bulletin 2009-1, the court found DHCR's decision rational and within its expertise, despite the landlord's procedural objections under SAPA. The decision underscores deference to administrative agencies in interpreting their regulations and calculating tenant benefits based on established record.
Recommended Citation
"AVENUE SECOND OWNER LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL" (2024). All Decisions. 1584.
https://ir.lawnet.fordham.edu/housing_court_all/1584
