Case Type
Other
Housing Type
Rent Stabilized
Court
Court of Appeals
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
26
Slip Opinion Number
2025 NY Slip Op 01672
Petitioner
LL 410 East 78th Street LLC, Appellant
Respondent
Division of Housing and Community Renewal, Respondent
Judge
SINGAS, J.
Decision/Order Date
2025-03-20
Posture
Other
Disposition
Other
Winner
Other
Synopsis
The Court of Appeals affirmed the denial of a landlord's Article 78 petition seeking to annul DHCR's decision to deny its application to amend rent registrations. The landlord claimed the registrations were mistakenly filed, as the unit was permanently exempt due to high-rent vacancy. However, DHCR denied the application, interpreting RSC § 2528.3(c) to permit only ministerial, not substantive, amendments. The court found this interpretation to be rational, as it protects tenants from fraud, preserves agency resources, and reserves complex disputes over regulatory status for adversarial proceedings rather than preemptive amendment applications. The court held that DHCR's action was not arbitrary or capricious.
Keywords
DHCR Properly Denied Landlord's Application to Amend Rent Registration History Under RSC § 2528.3(c); Amendment of Registration History Allowed Only for Ministerial, not Substantive Issues
Recommended Citation
"Matter of LL 410 E. 78th St. LLC v. Division of Hous. & Community Renewal" (2025). All Decisions. 1919.
https://ir.lawnet.fordham.edu/housing_court_all/1919
