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.

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