Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

507268/2023

Slip Opinion Number

2024 NY Slip Op 33059(U)

Petitioner

Levy

Respondent

NYS Division of Housing and Community Renewal

Judge

Ottley, Lisa S.

Decision/Order Date

2024-08-21

Posture

Post-answer Motion by Tenant

Disposition

Motion Denied

Winner

Landlord Substantially Won

Synopsis

The tenant alleged that the landlord overcharged rent by claiming false Individual Apartment Improvements (IAIs). The DHCR investigated and found that the landlord's claims were justified. The tenant challenged the DHCR's determination in court. The court upheld the DHCR's decision, finding that it was reasonable and not arbitrary and capricious. The court also denied the tenant's motion for default judgment against DHCR.

Share

COinS