Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154146/2025
Slip Opinion Number
2025 NY Slip Op 35043(U)
Petitioner
Foxwood Realty LLC
Respondent
New York State Division of Housing and Community Renewal, John F. Quinan
Judge
Reo, Denis
Decision/Order Date
2025-12-30
Posture
Post-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord initiated an Article 78 proceeding to challenge a DHCR order that granted the tenant's petition for administrative review, finding the tenant was entitled to a permanent preferential rent and overcharges. The court affirmed the DHCR's determination that the original lease's preferential rent clause was ambiguous, and this ambiguity should be construed against the landlord in favor of a permanent preferential rent. Deferring to DHCR's factual findings and credibility assessments, the court upheld that the preferential rent was permanent and that rent increases above Rent Guidelines Board adjustments constituted overcharges. The landlord's petition was denied, and the proceeding dismissed.
Keywords
Pre-HSTPA Permanent Preferential Rent Found; Deference to DHCR Evidentiary Findings; Ambiguous Terms Resolved in Favor of Tenant; Increases on Permanent Preferential Rents Above RGB are Overcharges
Recommended Citation
"Foxwood Realty LLC v. New York State Division of Housing and Community Renewal" (2025). All Decisions. 2083.
https://ir.lawnet.fordham.edu/housing_court_all/2083
