Case Type
Article 78 Proceeding
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2026 NY Slip Op 04294
Slip Opinion Number
2026 NY Slip Op 04294
Petitioner
647 Prospect, LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Dillon, Mark C.; Iannacci, Angela G.; Dowling, Deborah A.; McCormack, James P.
Decision/Order Date
2026-07-08
Posture
Post-Answer Motion by Landlord
Disposition
Affirmed for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division, Second Department affirmed denial of landlord's Article 78 petition challenging a DHCR rent overcharge determination. A tenant filed an overcharge complaint in 2017; DHCR found an overcharge using a June 2013 base date and calculated the base date rent pursuant to a 2014 DHCR rent overcharge order. The court upheld DHCR's reliance on the 2014 order — issued within the four-year limitations period and imposing obligations on landlord with respect to the base date — notwithstanding that it was premised on pre-base date rental history.
Keywords
Article 78 Proceeding; Rent Overcharge; DHCR Properly Considered DHCR Order Issued Within The Four-Year Statute Of Limitations Even Though It Was Premised On Pre-Base Date Rent History
Recommended Citation
"Matter of 647 Prospect, LLC v. New York State Div. of Hous. & Community Renewal" (2026). All Decisions. 2316.
https://ir.lawnet.fordham.edu/housing_court_all/2316
