Case Type
Article 78
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-08436
Slip Opinion Number
2026 NY Slip Op 03959
Petitioner
CHERYL ANDERSON
Respondent
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, 192 BSD REALTY, LLC
Judge
Chambers, Cheryl E., J.P.; Wooten, Paul; Ventura, Lourdes M.; Goldberg Velazquez, Elena; Saitta, Wayne P. (Sup Ct, lower court)
Decision/Order Date
2026-06-24
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this Article 78 proceeding, the Appellate Division, Second Department affirms the Supreme Court's order finding that DHCR's decision to dismiss the tenant's rent overcharge complaint was arbitrary and capricious. The court reaffirms that due to improper registration of rents on the DHCR rent history—the last reliable registration being in 2007—the legally collectible rent remains frozen at the last properly registered rent and the apartment remains subject to the Rent Stabilization Law/Code.
Keywords
Rent Overcharge; Improper Rent Registration; Rent Remains Frozen; DHCR; Arbitrary and Capricious
Recommended Citation
"Matter of Anderson v. New York State Div. of Hous. & Community Renewal" (2026). All Decisions. 2281.
https://ir.lawnet.fordham.edu/housing_court_all/2281
