Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Appellate Division, Second Department

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

2021-02232

Slip Opinion Number

2025 NY Slip Op 04244

Petitioner

150 Park, LLC

Respondent

New York State Division of Housing and Community Renewal

Judge

BARROS, BETSY; CHRISTOPHER, LINDA; WAN, LILLIAN; GOLIA, DONNA-MARIE E.

Decision/Order Date

2025-07-23

Posture

Other

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

The court upheld rent reduction orders issued by DHCR after a landlord changed a building's lock to one using non-duplicable keys. The landlord's failure to provide a sufficient number of keys and attempts to charge for additional copies were found to be a decrease in a required building service, in violation of the Rent Stabilization Code. The court determined that DHCR's decision was not arbitrary and capricious, as there was a rational basis for the agency's determination. The landlord's Article 78 petitions to challenge the DHCR decision were therefore dismissed.

Keywords

DHCR Rent Reduction Orders Upheld; DHCR Finds Landlord Required to Provide Non-Duplicable Building Entry Keys; Landlord's Article 78 Petitions Dismissed

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