Case Type
Article 78
Housing Type
Rent Controlled
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
157604/2024
Slip Opinion Number
2025 NY Slip Op 30797(U)
Petitioner
559 West 156 BCR LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Frank, Lyle E.
Decision/Order Date
2025-03-11
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
Landlord challenged a DHCR ruling that the tenant had succession rights to a rent-controlled unit, arguing the prior tenants voluntarily relocated in 2007, relinquishing their rent control. DHCR found the move was not "wholly voluntary" under Capone v. Weaver, as the tenants spoke limited English and did not fully understand the consequences. The court held DHCR's determination was not arbitrary or capricious and denied the landlord’s Article 78 petition. Since the petition was denied, the motion to intervene by the tenant was rendered moot.
Recommended Citation
"Matter of 559 W. 156 BCR LLC v. New York State Div. of Hous. & Community Renewal" (2025). All Decisions. 1759.
https://ir.lawnet.fordham.edu/housing_court_all/1759
