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

154470/23

Slip Opinion Number

2024 NY Slip Op 05877

Petitioner

612 West 144 Realty LLC

Respondent

New York State Division of Housing and Community Renewal

Judge

Latin, Richard

Decision/Order Date

2023-11-03

Posture

Other

Disposition

Other

Winner

Landlord Substantially Won

Synopsis

The court reversed DHCR's order granting a tenant's overcharge complaint because DHCR did not request itemized cost breakdowns for contractor and electrician work, as required by its own rules. The court also found DHCR's reliance on an AOD that prohibited its use against the landlord's affiliates to be arbitrary and capricious. The case was remanded to DHCR to allow the landlord to submit itemized costs.

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