Housing Type

See Decision

Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

441/2020

Slip Opinion Number

2021 NY Slip Op 31988(U)

Petitioner

MONMAR PLAZA, L.P.

Respondent

NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND BEYERL Y LAWRENCE-SMITH

Judge

Toussaint, Wavny

Decision/Order Date

2021-05-28

Synopsis

In this substantial rehab case the owner files Article 78 challenging DHCRs determination that the premises are subject to rent regulation. The DHCR previously (under former owner) determined there was no substantial rehab done and noted no certificate of occupancy had been filed. Here looks like landlord filed new certificate of occupancy and unilaterally determined it was now substantially rehabbed. DHCR disagreed and Supreme Court upholds determination.

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