Case Type
Article 78 Proceeding
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
156849/2023
Slip Opinion Number
2024 NY Slip Op 32757(U)
Petitioner
MOISHE FRIEDMAN, individually, and as representative of the 325 WEST 42ND STREET TENANTS' ASSOCIATION
Respondent
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL and 321-323-325 WEST 42ND STREET LLC
Judge
ALLY, SHAHABUDDEEN ABID
Decision/Order Date
2024-08-07
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Respondent
Winner
Respondent Substantially Won
Synopsis
The tenants in a rent-stabilized apartment building sought to overturn DHCR's determination that the building was exempt from rent stabilization due to substantial rehabilitation. The court denied the tenants' petition, finding that DHCR's determination was supported by the evidence and was not arbitrary or capricious. The court also found that DHCR was not required to conduct an in-person inspection of the premises before making its determination.
Recommended Citation
"Matter of Friedman v New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1607.
https://ir.lawnet.fordham.edu/housing_court_all/1607