Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
2021-01706
Slip Opinion Number
2025 NY Slip Op 04171
Petitioner
57 Elmhurst, LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Chambers, Cheryl E.; Miller, Robert J.; Wan, Lillian; Hom, Phillip
Decision/Order Date
2025-07-16
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The Appellate Division, Second Department, affirmed the Supreme Court's dismissal of a landlord's petition in an Article 78 proceeding. The court upheld a determination by the Division of Housing and Community Renewal that the landlord overcharged a tenant. The overcharge was caused by the landlord's unreasonable seven-year delay in applying rent increases. The court found that the DHCR's determination was not arbitrary and capricious, and had a rational basis in the record. The court's ruling reinforces the principle that it will not substitute its judgment for that of the DHCR when the agency's decision is well-founded.
Keywords
Art 78; Upholds DHCR's Rent Overcharge Decision
Recommended Citation
"Matter of 57 Elmhurst, LLC v. New York State Div. of Hous. & Community Renewal" (2025). All Decisions. 1904.
https://ir.lawnet.fordham.edu/housing_court_all/1904
