Case Type
Article 78
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
151598/23
Slip Opinion Number
2024 NY Slip Op 05179
Petitioner
609 Realty LLC et al.
Respondent
New York State Division of Housing and Community Renewal
Judge
Kotler, Lynn R.
Decision/Order Date
2024-10-22
Posture
Post Decision Petition
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord’s application for a Major Capital Improvement (MCI) rent increase was denied by the DHCR, as less than 35% of apartments were rent-regulated. DHCR rationally applied the Housing Stability and Tenant Protection Act (HSTPA) amendments retroactively, as no determination had been made at the time of the law's enactment. The court found no due process violation or vested right to a future rent increase, and refused to consider the landlord’s unpreserved hardship claim.
Recommended Citation
"Matter of 609 Realty LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1664.
https://ir.lawnet.fordham.edu/housing_court_all/1664
