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
157369/2020
Slip Opinion Number
2025 NY Slip Op 35044(U)
Petitioner
SEADYCK REALTY CO., LLC
Respondent
STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL
Judge
Bluth, Arlene P.
Decision/Order Date
2025-12-31
Posture
Pre-answer Motion by Landlord
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
A landlord challenged a DHCR order that reversed a Rent Administrator's decision, invalidating individual apartment improvements (IAIs) due to an alleged identity of interest between the owner and the contractor. The court, in an Article 78 proceeding, found that DHCR's policy statement did not automatically mandate complete invalidation of IAIs based solely on an identity of interest. Instead, it suggested requesting additional proof and disallowing only unsubstantiated costs. The court remanded the case to the Rent Administrator for a new determination, directing scrutiny of the work performed and its value, rather than a blanket disallowance of the rent increase.
Keywords
Identity of Interest Does not Automatically Compel Invalidation of IAIs
Recommended Citation
"Seadyck Realty Co., LLC v. State of New York Division of Housing & Community Renewal" (2025). All Decisions. 2084.
https://ir.lawnet.fordham.edu/housing_court_all/2084
