Case Type
Article 78 Proceeding
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
519757/2025
Petitioner
Mirav Realty, LLC
Respondent
New York State Division of Housing and Community Renewal
Judge
Sweeny
Decision/Order Date
2026-06-10
Posture
Post-Answer Motion by Landlord
Disposition
Motion Denied for Landlord
Winner
Tenant Substantially Won
Synopsis
In this Article 78 proceeding, the court upheld DHCR's determination finding a rent overcharge. DHCR found that the absence of a preferential rent rider meant that the rent charged constituted the legal regulated rent and that landlord could not obtain rent increases absent a valid executed lease. DHCR denied credit for individual apartment improvements predating the base date and imposed treble damages. The court found DHCR's determination rational and not arbitrary or capricious, and denied the petition.
Keywords
Article 78 Proceeding; DHCR Determination Upheld; Rent Overcharge; Overcharge Found Based On Absence Of Preferential Rent Rider; Rent Charged Is Legal Regulated Rent Absent Preferential Rent Rider; Denial Of IAIs Which Predate Base Date; Treble Damages Awarded; No Rent Increases Without A Valid Executed Lease
Recommended Citation
"Matter of Mirav Realty, LLC v. NYS DHCR" (2026). All Decisions. 2331.
https://ir.lawnet.fordham.edu/housing_court_all/2331
