Case Type
Article 78
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
Not Stated
Slip Opinion Number
2026 NY Slip Op 05308
Petitioner
Hillside Place, LLC
Respondent
Housing & Community Renewal of the State of N.Y.
Judge
Francesca E. Connolly, J.P.; Linda Christopher; Barry E. Warhit; Elena Goldberg Velazquez, JJ.
Decision/Order Date
2026-09-16
Posture
Appeal
Disposition
Appeal: Reversed
Winner
Tenant Substantially Won
Synopsis
App Div reverses Supreme Court and reinstates DHCR's determination removing the $45/month RGB #40 increase. The prior Civil Court order granting leave to amend—allowing the owner to add an RGB #40 claim—resolved only that the claim was not palpably insufficient; it decided nothing on the merits, creating no law of the case, res judicata, or collateral estoppel. DHCR's conclusion that the owner failed to preserve the $45 option in the 2008-2009 lease renewal, which instead used a 3% increase, was rational and not arbitrary.
Keywords
Article 78; DHCR; Rent Stabilization; Rent Guidelines Board; Landlord Not Entitled to Rent Increase Not Preserved in Renewal Lease; App Div Reverses Lower Court; DHCR Determination Affirmed
Recommended Citation
"Matter of Hillside Place, LLC v. Housing & Community Renewal" (2026). All Decisions. 2482.
https://ir.lawnet.fordham.edu/housing_court_all/2482
