Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154094/21
Slip Opinion Number
2026 NY Slip Op 00999
Petitioner
Stuyvesant Town-Peter Cooper Village Tenants Association
Respondent
New York State Division of Housing and Community Renewal; BPP St Owners, LLC; BPP PCV Owners, LLC
Judge
Webber, Kapnick, Gesmer, Shulman, Michael
Decision/Order Date
2026-02-19
Posture
Other
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The First Department affirmed the Supreme Court's denial of the tenants' Article 78 petition challenging DHCR's grant of Major Capital Improvement (MCI) rent increases for a 2014 intercom replacement. The court deferred to DHCR's interpretation of former Rent Stabilization Code § 2522.4, which allows an MCI increase even within the useful life of an improvement if an MCI increase was not previously granted for that specific improvement. Finding DHCR's long-standing interpretation rational and consistent with precedent, the court concluded that the agency's determination was not arbitrary and capricious.
Keywords
MCIs; Useful Life Of Improvement; Article 78 Denied; Agency Decision Found Not Arbitrary And Capricious
Recommended Citation
"Matter of Stuyvesant Town-Peter Cooper Village Tenants Association v. New York State Division of Housing and Community Renewal" (2026). All Decisions. 2140.
https://ir.lawnet.fordham.edu/housing_court_all/2140
