Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
153870/23
Slip Opinion Number
2025 NY Slip Op 03544
Petitioner
Promenade Nelson Apartments LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Manzanet-Daniels, J.P.; Friedman, J.; Scarpulla, J.; Shulman, J.; Rosado, J.
Decision/Order Date
2025-06-10
Posture
Other
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In an Article 78 proceeding regarding a Major Capital Improvement (MCI) rent increase, the appellate court reversed a lower court's denial of the landlord's petition. The court held that while DHCR's retroactive application of the HSTPA to the landlord's pending MCI application was rational, the agency failed to establish a rational basis for its determination that certain installations exceeded the scope of necessary work. The matter was remanded to DHCR because the agency also failed to address the merits of the landlord's argument that the disputed costs were required for code compliance.
Keywords
HSTPA Part K; Rational Basis
Recommended Citation
"Matter of Promenade Nelson Apts. LLC v. New York State Div. of Hous. & Community Renewal" (2025). All Decisions. 1823.
https://ir.lawnet.fordham.edu/housing_court_all/1823