Case Type
Other
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
155184/21
Slip Opinion Number
2024 NY Slip Op 05655
Petitioner
Stuyvesant Town-Peter Cooper Village Tenants Association, et al.
Respondent
New York State Division of Housing and Community Renewal
Judge
Webber, J.P., Singh, Gesmer, González
Decision/Order Date
2024-11-14
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
This case involved a challenge to the DHCR's regulation setting a cost ceiling for rent increases due to major capital improvements (MCIs). The tenant association argued that certain provisions in the regulation, allowing for waivers and recovery of unlisted costs, were inconsistent with statutory limits. The court struck down two provisions of the Rent Stabilization Code (RSC) as ultra vires: (1) the waiver provision allowing rent increases for MCIs exceeding cost ceilings, and (2) the provision permitting recovery of "related expenses" not listed in the Reasonable Cost Schedule. The court upheld other provisions, including those allowing DHCR to include additional costs in the Schedule and issue annual updates.
Recommended Citation
"Stuyvesant Town-Peter Cooper Village Tenants Assn. v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1691.
https://ir.lawnet.fordham.edu/housing_court_all/1691
