Case Type
Other
Housing Type
Rent Stabilized
Court
Court of Appeals
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
157557/20
Slip Opinion Number
2024 NY Slip Op 06377
Petitioner
160 East 84th Street Associates LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Troutman, Chief Judge Wilson, Rivera, Garcia, Singas, Cannataro, and Halligan
Decision/Order Date
2024-12-19
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this case, the landlord challenged DHCR's interpretation of the Housing Stability and Tenant Protection Act (HSTPA), which repealed luxury deregulation. The landlord argued that apartments with pending deregulation orders prior to the HSTPA's enactment should still be deregulated upon lease expiration. The Court of Appeals affirmed DHCR's interpretation, holding that the HSTPA effectively repealed luxury deregulation for apartments whose leases expired after the statute's effective date. (Such apartments are still subject to rent stabilization.) The court emphasized the legislative intent behind the HSTPA and rejected the landlord's arguments regarding undue delay in DHCR's processing of deregulation applications.
Recommended Citation
"Matter of 160 E. 84th St. Assoc. LLC v. New York State Div. of Hous. & Community Renewal" (2024). All Decisions. 1726.
https://ir.lawnet.fordham.edu/housing_court_all/1726
