Case Type
Succession
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
2026 NY Slip Op 04386
Slip Opinion Number
2026 NY Slip Op 04386
Petitioner
West Side Marquis LLC
Respondent
Troy Sheppard
Judge
Webber; Kennedy; Friedman; González; Shulman
Decision/Order Date
2026-07-09
Posture
Post-Answer Motion by Landlord
Disposition
Reversed for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division, First Department reversed and granted summary judgment to a rent-stabilized successor tenant. Under the HSTPA, a landlord may not withdraw a previously offered preferential rent in a renewal lease. Tenant was entitled to a renewal lease at the preferential rent paid by the predecessor tenant of record. A 2006 DHCR settlement and rent order did not constitute increases 'authorized by law' under RSL §26-511(c)(14), and the DHCR order had no preclusive effect against tenant, who had not been a party to the prior proceeding and had not had a full and fair opportunity to litigate.
Keywords
Preferential Rent Cannot Be Revoked Under HSTPA; Successor Entitled To Renewal Lease; Successor Entitled To Preferential Rent
Recommended Citation
"West Side Marquis LLC v. Sheppard" (2026). All Decisions. 2315.
https://ir.lawnet.fordham.edu/housing_court_all/2315
