Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
519091/21
Slip Opinion Number
2025 NY Slip Op 04901
Petitioner
145 Driggs, LLC
Respondent
New York State Division of Housing and Community Renewal, et al.
Judge
CONNOLLY, FRANCESCA E.; MILLER, ROBERT J.; WAN, LILLIAN; LOVE, LAURENCE L.
Decision/Order Date
2025-09-10
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The Appellate Division affirmed a lower court's judgment that upheld a DHCR determination in favor of a tenant in a rent overcharge proceeding. The court found that DHCR acted rationally in granting the tenant's complaint despite having previously denied a similar complaint from a prior tenant. The court held that the landlord's argument for deregulation was properly rejected and that the rent overcharge complaint was valid. The landlord's petition was denied, and the proceeding was dismissed.
Keywords
Rent Stabilization; Rent Overcharge; Article 78; DHCR Determination Upheld; Not Arbitrary and Capricious
Recommended Citation
"Matter of 145 Driggs, LLC v. New York State Div. of Hous. & Community Renewal" (2025). All Decisions. 1940.
https://ir.lawnet.fordham.edu/housing_court_all/1940
